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JBRARY 



Hie 

Univeisity of South Carolina 




Coleman Karesh 
Lawlibta^ 



CODE OF LAWS 



OF 



SOUTH CAROLINA 

1922 



IN THREE VOLUMES 



S. M. WOLFE 
Attorney General 

J. C. McLURE 
Code Commissioner 

W. W. LEWIS 

*C. D. BARKSDALE 

tSILAS M. WETMORE 

Collaborators 



VOLUME III 



THE CIVIL CODE 



THE R. L. BRYAN CO. AND THE STATE CO. 

COLUMBIA, S. C. 

1922 



c. i 



Copyright, 1922 

By W. T. Walker 

Clerk, Joint Committee on Printing 

Of the General Assembly 

For the State of South Carolina 



COLEMAN KARESH LAW LIBRARY 

University of South Carolina 



N. B. — This Code is compiled pursuant to an Act approved March 10, 1920 
(See Acts 1920, page 1346), which Act is incorporated in the prefatory note to 
Volume 1. Pursuant to this Act and Section 5 of Article 6 of the Constitution, 
this Code does not contain local, or temporary, laws, but only "the general statute 
law of the State," as of January 12, 1922. 

S. M. Wolfe, 

Attorney General 

J. C. McLuRE, 

Code Commissioner 

W. W. Lewis, 
S. M. Wetmore, 

Code Collaborators 



Digitized by the Internet Archive 

in 2010 with funding from 

Lyrasis IVIembers and Sloan Foundation 



http://www.archive.org/details/codeoflawsofsout03smwo 



ERRATA 



Sec. ( 268) 

Sec. ( 355) 

Sec. ( 450) 

Sec. ( 603) 

Sec. ( 595) 

Sec. ( 706) 

Sec. ( 991) 

Sec. { 992) 

Sec. (1307) 

Sec. (1845) 

Sec. (2241) 

Sec. (2399) 

Sec. (3313) 



Sec. (4161) 
Sec. (4163) 
Sec. (4187) 



Sec. (4206) 
Sec. (4213) 



Historic data should be — Civ. '12, Sec. 265. 
Historic data should be— Civ. '12, Sec. 302; Civ. '02, 273. 
Historic data should be — Civ. '02, See. 357. 
Historic data should be — Civ. '12, Sec. 452. 
Historic data should be — Civ. '12, Sec. 509. 
Historic data should be— Civ. '12, Sec. 623; Civ. '02, 562. 
Historic data should be— Civ. '12, Sec. 903. 
Historic data should be— Civ. '12, Sec. 904. 
Historic data should be — Civ. '02, Sec. 764. 
Historic data should be— Civ. '12, Sees. 1092, 1093. 
The second paragraph of this section having been declared uncon- 
stitutional by the Supreme Court, should have been omitted. 
Historic data should be — Civ. '02, Sec. 1112. 
Historic data should be— Civ. '12, Sec. 2339. 
In the table of comparative sections in the Appendix, this section 
should be made to appear as corresponding with Sec. 2339 of the Code 
of 1912 and not with Sec. 2309, as appears therein. 
The word "status" should read "statutes." 
The Historic data should be— 1919, XXXI, 93, 176. 
After the word "indicate" on the fourth line on top of page 1242, in- 
sert the words "the purpose." 

The word "or" on the 17th line of the same section, same page, 
should be "of." 

Sub-Sec. 6 — The word "their" on the last line of said sub-section 
should be "other." 

After the word "company" on the next to the last line on page 1251, 
insei't the word "which." 



TABLE OF CONTENTS 

CODE OF CIVIL LAWS 



PART I 
OF THE INTERNAL ADMINISTRATION OF THE GOVERNMENT 



TITLE I 
Of the Jurisdiction of the State-General Assembly-Statutes-Public Reports 
AND Documents-Public Property-Census 

page 
Chapter I. — Of the Jurisdiction of the State, and Places Ceded to 

the United States 1 

Chapter II. — Of the General Assembly. 

Article 1. General Provisions 37 

Article 2. Claims Against the State 41 

Article 3. Introduction of Measures for Private Purposes 42 

Article 4. Special Provisions as to Legislative Enactments 44 

Chapter III. — Of the Public Printing 45 

Chapter IV.— Of the Statutes 51 

Chapter V. — Of the Public Reports and Documents 54 

Chapter VI. — Of the Public Property. 

Article 1. Charge of the Property of the State; the Sinking Fund 

Commission; Insurance of Public Property 57 

Article 2. Land Containing Phosphate Rock and Phosphate Depos- 
its; Phosphate Commissioners 73 

Article 3. Historical Commission 79 

Article 4. Commission for State House and Grounds 82 

Article 5. Other Property of the State — Miscellaneous Provisions 82 

Chapter VII. — Of the Census 85 

TITLE II 
Of Elections 

Chapter VIII. — The Qualification and Registration of Electors 87 

Chapter IX. — Location and Names of Voting Precincts 99 

Chapter X. — The Manner of Conducting Elections and Returning 

Votes. 
Article 1. The General Election — Commissioners and Managers 

of Election Ill 

Article 2. Formation and Proceedings of the Board of County 

Canvassers 115 

Article 3. Formation and Proceedings of the Board of State Can- 
vassers 117 

Chapter XI. — The Election of Senators and Representatives in Con- 

gress and Electors of President and Vice President. 

Article 1. Election of Representatives in Congress 120 

Article 2. Election of Electors of President and Vice President, 
and Formation and Proceedings of the Electoral 

College 121 

Chapter XII. — The Election of County Officers 124 



vin 



TABLE OF CONTENTS 



Chapter XIII. — Primary Elections. page 

Article 1. Regulations for Conduct of Primary Elections 125 

Article 2. Regulations as to Booths at Primary Elections 134 

Article 3. Regulations for the Holding of Primary Elections and 
the Organization of Clubs in Cities of Forty Thou- 
sand Inhabitants and Over 137 

Article 4. Special Provisions as to Primary Elections 141 

TITLE III 
Of the Assessment and Collection of Taxes 
Chapter XIV. — The Assessment of Taxes. 

Article 1. Subjects and Lien of Taxes 143 

Article 2. Definition of Terms 145 

Article 8. Property Exempt from Taxation 146 

Article 4. General Rules as to the Return and Assessment of 

Property 149 

Article 5. Special Provisions as to Returns of Merchants, Manu- 
facturers and Pavi'nbrokers, and Respecting Mines 

and Mining Claims 153 

Article 6. State Tax Commission, its Duties and Powers 155 

Article 7. Special Rules as to Returns and Assessment of Rail- 
road, Express, Telegraph, and Insurance Com- 
panies, and Provisions as' to Other Corporations.. 163 
Article 8. Special Rules as to the Assessment of Property Return- 
able for Taxation by Persons, Firms or Corpora- 
tions Engaged in Textile Industries, and Canals 
Providing Povi^er for Rent or Hire, and Cotton Seed 

Oil Companies and Fertilizer Companies 173 

Article 9. Special Rules as to Banks and Bank Stock and Unin- 
corporated Banks and Banking Associations 173 

Article 10. Certain Corporations to Make Annual Reports and Pay 

Annual License Fee 177 

Article 11. Proceedings on Default of Return and Penalties There- 
for; Valuation of Property for Taxation 182 

Article 12. The County Auditor — Appointment, Tenure of Office 

and General Povi^ers and Duties 184 

Article 13. Boards of Assessors and Boards of Equalization and 

their Functions 195 

Chapter XV. — The Collection of Taxes. 

Article 1. The County Treasurer — Appointment, Tenure of Office, 

Compensation, etc 207 

Article 2. Powers and Duties of County Treasurer and General 

Provisions Concerning the Collection of Taxes. . . . 208 
Article 3. Remedies and Proceedings for Relief of Taxpayers. . . . 215 

Article 4. Enforced Collection of Delinquent Taxes 219 

Article 5. Annual Settlements of County Treasurers 225 

TITLE IV 
Chapter XVI.— Of the Militia. 

Article 1. General Provisions 228 

Article 2. The Adjutant General 235 

Article 3. Disbursing and Property Officer 237 

Article 4. Organization of the National Guard of the State 238 

Article 5. Commissioned Officers of the National Guard 239 

Article 6. Enlisted Men of the National Guard 245 



TABLE OF CONTENTS ix 

PAGE 

Article 7. South Carolina National Guard in the City of Charles- 
ton 249 

Article 8. Arms, Parades, Drills, etc.. 250 

Article 9. Military Courts 253 

Article 10. Reserve Militia 258 

TITLE V 

Of Counties 

Chapter XVII. — Of Counties and Their Corporate Powers 262 



TITLE VI 
Of State and County Officers 
Chapter XVIII. — General Provisions Relating to Public Officers. 

Article 1. Official Oaths and Bonds 296 

Article 2. Sale of Public Offices 302 

Article 3. Miscellaneous Provisions 303 

Chapter XIX. — The Executive Department and Officers Connected 

There vi^ith. 

Article 1. General Provisions 306 

Article 2. The Governor and Lieutenant Governor 307 

Article 3. The Secretary of State 311 

Article 4. The Attorney General and Solicitors 315 

Article 5. Notaries Public 318 

Article 6. Commissioners of Deeds 319 

Article 7. The Comptroller General 321 

Article 8. The State Treasurer 325 

Article 9. The Budget System 335 

Article 10. The State Librarian and Board of Trustees of State 

Library 338 

Article 11. Department of Agriculture, Commerce and Industries 340 

Article 12. State Crop Pest Commission 346 

Article 13. Board of Pardons 349 

Article 14. Board of Fisheries 350 

Article 15. Protection of Fish and Sheep 368 

Article 16. Audubon Society of South Carolina 370 

Article 17. Public Service Commission 371 

ArticlelS. Board of Uniformity of Legislation 372 

Article 19. Board for the Distribution of Dead Bodies for Scientific 

Purposes 372 

Chapter XX. — County Officers. 

Article 1. The County Supervisor and County Board of Commis- 
sioners, and of Special Provisions in Certain Coun- 
ties with Regard to County Government and High- 
ways 374 

Article 2. The Sheriff 613 

Article 3. The Coroner 632 

Article 4. The Clerk of the Circuit Court 636 

Article 5. The Register of Mesne Conveyances 651 

Article 6. The Judge of Probate 655 

Article 7. The Master 663 

Article 8. Magistrates — Their Courts, Powers and Duties 668 

Article 9. Constables 674 



X TABLE OF CONTENTS 

TITLE VII 
Of Public Charges 

PAGE 

Chapter XXI. — Paupers 678 

Chapter XXII. — Pensions 683 

TITLE VIII 
Of the Public Health 

Chapter XXIIL— 

Article 1. Boards of Health 685 

Article 2. Physicians, Pharmacists, Dentists and Trained Nurses 709 

Article 3. Opticians and Optometrists 724 

Article 4. Veterinary Medicine and Surgery 729 

Article 5. Embalmers 732 

Article 6. Quarantine 735 

TITLE IX 
Of Public Instruction 

Chapter XXIV. — Free Public Schools 745 

Chapter XXV. — Colleges and Universities. 

Article 1. State Colleges and Universities 812 

Article 2. The University of South Carolina , 814 

Article 3. The Citadel, the Military College of South Carolina 818 

Article 4. Winthrop College (the South Carolina College for 

Women) 821 

Article 5. The Medical College of the State of South Carolina ... 823 
Article 6. The Colored Normal, Industrial, Agricultural and Me- 
chanical College of South Carolina 825 

Chapter XXVI. — The Clemson Agricultural College 827 

Chapter XXVII. — South Carolina Institute for the Education of the 

Deaf, Dumb and Blind 839 

Chapter XXVIII. — Architects and Certified Public Accountants. 

Article 1. Architects 841 

Article 2. Certified Public Accountants 843 

TITLE X 
Of Ways, Bridges, Ferries, Dams and Drains; General Stock Law 

Chapter XXIX. — Of Highways. 

Article 1. Highways Generally and Special Provisions in Certain 

Counties 848 

Article 2. State Highway Department 890 

Chapter XXX. — Watercourses and Cuts 900 

Chapter XXXI. — Bridges, Turnpikes and Ferries. 

Article 1. Bridges 906 

Article 2. Turnpike Roads and Bridges 908 

Article 3. Ferries and Bridges 909 

Article 4. Miscellaneous Provisions 913 

Chapter XXXII. — The Saluda Mountain Road 916 

Chapter XXXIII. — Dams and Drains, and Drainage Generally. 

Article 1. Dams and Drains 917 

Article 2. Right of Way for Drainage 936 

Article 3. Sanitary and Drainage Commissions 938 



TABLE OF CONTENTS xi 

PAGE 

Article 4. Drainage Districts 943 

Article 5. Disbursements of Drainage Funds and Relating to 

Drainage Generally 975 

TITLE XI 
Of the Regulation of Trade in Certain Cases 

Chapter XXXV. — Regulation Respecting Commercial Fertilizers; Cotton; 
the Inspection and Sale of Provisions and Other 
Merchandise; and the Inspection and Taxation of 
Timber and Lumber. 

Article 1. Commercial Fertilizers 979 

Article 2. Cotton and Farm Products 989 

Article 3. Cotton Warehouse System 1019 

Article 4. Co-operative Marketing 1026 

Article 5. Inspection of Flour and Gi'ain 1035 

Article 6. Gauging Liquors; Naval Stores 1041 

Article 7. Poi'k and Beef — Rice — Staves and Shingles 1043 

Article 8. Inspection and Taxation of Timber and Lumber 1045 

Article 9. Inspection of Certain Oils 1048 

Article 10. Concentrated Commercial Feeding Stuffs 1051 

Article 11. Sale of Poultry Preparations Regulated 1056 

Article 12. Sale of Commercial Disinfectants Regulated 1058 

Article 13. Regulation of Sale of Entire Stock in Trade 1060 

Article 14. Trusts, Pools, and Monopolies 1061 

Chapter XXXVI. — Auctions and Vendues 1069 

Chapter XXXVII. — Of Weights and Measures and Standard Containers, 
Grades and State Brands for Fresh Fruit and 
Vegetables. 

Article 1. Of Weights and Measures 1070 

Article 2. Of Standard Containers, Grades and State Brands for 

Fresh Fruits and Vegetables 1073 

Chapter XXXVIII. — Pilotage and Harbor Commission 1077 

Chapter XXXIX. — Dock and Warehouse Commission of Charleston County 1092 
Chapter XL. — Money; Interest; Bills of Exchange and Promissory 

Notes; Negotiable Instrument Act; Agency. 

Article 1. Money; Interest 1094 

Article 2. Bills and Notes 1099 

Article 3. Agency 1140 

Chapter XLI. — Limited Partnerships 1140 

Chaptek XLII. — Common Carriers; Warehousemen, and Other Bailees 

for Hire 1146 

Chapter XLIII. — Hawkers and Peddlers 1163 

Chapter XLIV. — Regulation of Certain Trades and Businesses. 

Article 1. Pawnbrokers 1165 

Article 2. Dealers in Junk 1167 

Article 3. Mercantile Licenses in Beaufort County 1168 

Chapter XLV. — Board of Exports and Marketing 1168 

TITLE XII 

Of Corporations and Unincorporated Associations 

Chapter XLVI.— Of Banks and Banking. 

Article 1. Banks 1172 

Article 2. Co-operative Credit Unions 1182 



XII TABLE OF CONTENTS 

PAGE 

Chapter XLVII. — Foreign Corporations Generally 1188 

Chapter XLVIII. — Insurance. 

Article 1. Insurance Department and Insurance Companies 1195 

Article 2. Foreign Fire Insurance Companies 1220 

Article 3. Fraternal Benefit Associations 1223 

Article 4. Mutual Protective Associations 1241 

Article 5. Bond, Investment, Etc., Companies 1255 

Chapter XLIX. — Provisions Applicable to Corporations Generally 1264 

Chapter L. — Private Corporations Organized Under General Laws. 

Article 1. Business Corporations 1280 

Article 2. The Formation of Co-operative Associations and Like 

Organizations 1290 

Article 3. Charitable, Social and Religious Societies 1294 

Article 4. Railroads, Steamboats and Canal Companies 1298 

Chapter LI. — Municipal Corporations. 

Article 1. General Provisions as to Cities and Towns 1305 

Article 2. Towns of Less Than One Thousand Inhabitants 1348 

Article 3. Provisions Common to Towns and Cities Containing Over 

One Thousand Inhabitants 1353 

Article 4. Towns of Less Than Five Thousand and More Than One 

Thousand Inhabitants 1360 

Article 5. Towns of More Than Five Thousand Inhabitants 1364 

Article 6. Special Provisions as to Cities Containing More Than 

Ten Thousand Inhabitants 1387 

Article 7. Special Provisions as to Cities Containing More Than 

Twenty Thousand Inhabitants 1392 

Article 8. Commission Form of Government in Cities Containing 
Not Less Than Four Thousand, and Provisions for its 
Adoption by Cities of More Than Ten Thousand and 
Less Than Twenty Thousand Inhabitants, and by 
Cities of More Than Fifty Thousand and Less Than 

One Hundred Thousand Inhabitants 1398 

Article 9. Commission Form of Government for Cities of More Than 
Twenty Thousand Inhabitants and Less Than Fifty 

Thousand Inhabitants 1424 

Article 10. Powers of Cities of Fifty Thousand Inhabitants to Con- 

dem Land for Water Front 1437 

Chapter LII. — Railroads — General Law. 

Article 1. General Provisions 1442 

Article 2. Formations of Corporations by Purchasers 1448 

Article 3. Consolidation of Companies and Other Provisions 1451 

Article 4. The Railroad Commissioners 1457 

Article 5. Provisions as to Discrimination and Unreasonable Charges 1467 
Article 6. Regulations as to Running Trains on Sunday and Car- 
riage of Animals 1483 

Article 7. Regulation for the Prevention of Accidents and Concern- 
ing the Responsibility Therefor 1485 

Article 8. Regulations for the Accommodation, Convenience and Pro- 
tection of Passengers and in Respect to Merchandise. 1498 

Article 9. Railroad Crossings — Cattle Guards 1509 

Article 10. Right of Way 1511 

Article 11. Penalties and Forfeiture to and by Railroads 1517 

Chapter LIII. — Telegraph, Telephone and Express Companies 1520 



TABLE OF CONTENTS xiii 

PAGE 

Chapter LIV. — Street and Interurban Railways 1528 

Chapter LV. — Unincorporated Joint Stock and Other Associations 1534 

TITLE XIII 
Of the Internal Police of the State 
Chapter LVI. — The Insane and Feeble-Minded. 

Article 1. The State Hospital for the Insane 1536 

Article 2. State Training School for Feeble-Minded 1547 

Chapter LVIL— Estrays 1552 

Chapter LVIII. — Of Wrecks and Shipwrecked Goods 1554 

Chapter LIX. — Of Immigrants and Seamen, 1556 

Chapter LX. — Gambling Contracts and Contracts of Sale for Future 

Delivery. 

Article 1. Gambling Contracts 1558 

Article 2. Contracts of Sale for Future Delivery 1560 

Chaptejr LXI. — Licenses. 

Article 1. Licenses for Plays and Shows 1562 

Article 2. Licenses for Game Preserves 1566 

Chapter LXII. — Board of Conciliation 1567 



PART II 
OF THE ACQUISITION, THE ENJOYMENT AND THE TRANSMISSION 
OF PROPERTY. REAL AND PERSONAL; THE DOMESTIC RELA- 
TIONS AND OTHER MATTERS CONNECTED WITH PRIVATE 
EIGHTS. 

TITLE I 
Of Real Property 
Chapter LXIII. — Tenure of Lands and Confirmation of Certain Titles; 
Titles to Catawba Indian Lands. 
Article 1. Tenure of Lands and Confirmation of Certain Titles. . 1571 

Article 2. Titles to Catawba Indian Lands 1575 

CHAPTBaj LXIV. — Legal Formalities, Construction and Operation of Con- 
veyances and Mortgages of Land and Other Instru- 
ments Affecting Property. 

Article 1. Form and Execution of Conveyance of Land 1576 

Article 2. Certain Conveyances, Etc., Void 1578 

Article 3. Mortgages of Land and Satisfaction Thereof 1582 

Chapter LXV. — Dower and Allotment Thereof. 

Article 1. Renunciation of Dower, and When the Right shall be 

Barred or Forfeited 1585 

Article 2. Mode of Divesting Right of Insane Married Woman. . 1590 

Article 3. Proceedings for Allotment of Dower 1592 

Chapter LXVI. — Estate for Life and for Years — Landlord and Tenant — 
Joint Tenants and Tenants in Common — Better- 
ments — Miscellaneous Provisions Concerning Real 
Estate. 

Article 1. Estates for Life and for Years 1595 

Article 2. Landlord and Tenant 1597 

Article 3. Joint Tenants and Tenants in Common 1605 

Article 4. Betterments 1608 

Article 5. Miscellaneous Pi-ovisions Concerning Real Estate 1610 



XIV TABLE OF CONTENTS 

PAGE 

TITLE II 
Chapter LXVII. — Of the Registration of Legal Instruments 1612 

TITLE III 

Chapter LXVIII. — Limitation of Estates 1616 

TITLE IV 

Chapter LXIX.— Of Intestates' Estates 1617 

TITLE V 

Chapter LXX.— Of Wills 1622 

, TITLE VI 

Of the Settlement of Estates of Deceased Persons; Trusts and Special Pro- 
visions Relating to Trusts 

Chapter LXXI. — Letters Testamentary and Proceedings on the Probate 

of Wills . . . .' 1632 

Chapter LXXII. — Administration of Intestates' and Derelict Estates. . . . 1636 

Chapter LXXIII. — Of Inventories and Appraisements 1642 

Chapter LXXIV. — Payments of Debts and Legacies. 

Article 1. Payment of Debts and Legacies 1643 

Article 2. Sale of Land in Aid of Deficient Personal Assets to 

Pay Debts 1645 

Chapter LXXV. — Accountants and Commissions of Executors and Ad- 
ministrators 1648 

Chapter LXXVI. — Settlement and Distribution of Intestate Estates 1651 

Chapter LXXVII. — Liability of Heirs and Devisees 1653 

Chapter LXXVIII. — Trusts and Special Provisions Relating to Trusts 1655 

TITLE VII 

Of Title to Property by Special Provisions of Law 

Chapter LXXIX. — Of Sales by Executors, Administrators and Fiduciaries 1659 
Chapter LXXX. — Sales Under Execution and by Judgment Debtors. 

Article 1. Sales Under Execution 1662 

Article 2. Sales by Judgment Debtors 1666 

Chapter LXXXL— Of Homesteads 1667 

Chapter LXXXII. — Assignment for Benefit of Creditors 1674 

TITLE VIII 
Chapter LXXXIIL— Of the Prevention of Frauds and Perjuries 1679 

TITLE IX 
Of the Domestic Relations 

Chapter LXXXIV.— Husband and Wife. 

Article 1. Marriage 1682 

Article 2. Certain Rights and Liabilities of Husband and Wife. . 1685 

CHAPTEai LXXXV. — Guardians and Wards; of Minors. 

Article 1. Guardians in General 1690 

Article 2. Public Guardians 1692 

Article 3. Testamentary Guardians 1695 

Article 4. Miscellaneous Provisions Relating to Minors 1696 



TABLE OP CONTENTS xv 

PAGE 

Chapter LXXXVL— Change of Names ". 1697 

Chapter LXXXVII. — Masters, Apprentices and Laborers. 

Article 1. Master and Apprentice , 1699 

Article 2. Protection of Laborers 1702 



PART III 



MISCELLANEOUS RIGHTS AND REMEDIES 
TITLE I 

Chapter LXXXVIII. — Certain Rights and Remedies 1705 

TITLE II 

Remedies Relating to Real Property 

Chapter LXXXIX. — Escheats 1707 

TITLE HI 

Of Mortgages and Other Liens 

Chapter XC. — Chattel Mortgages and Liens. 

Article 1. Chattel Mortgages 1713 

Article 2. Liens on Lands and Buildings for Labor and Materials 1717 

Article 3. Liens on Ships and Vessels for Labor and Materials. . 1725 

Article 4. Liens on Railroads for Work or Materials 1727 

Article 5. Agricultural Liens 1727 

Article 6. Liens of Owners of Stock Animals 1732 

Article 7. Liens of Employers in Factories, Etc 1732 

TITLE IV 

Of Legal Notices; Legal Holidays; and Costs and Fees. 

Chapter XCL— Publication of Legal Notices — Legal Holidays 1733 

Chapter XCIL— Costs, Pees and Salaries of County Officers 1737 



APPENDIX 



Containing Acts Nos. 579, 446, 451, 452, 455, 465, 470, 471, 490, 497, 504, 510, 
512, 513, 514, 516, 619, 520, 523, 524, 525, 526, 531, 
and 532 of the Acts passed by the General Assem- 
bly in 1922 purporting to amend certain sections 

of the Code of 1912 1769 

Table of Comparative Section Numbers 1797 

Index 1829 



PART I. 

Of the Internal Administration of the Government. 



TITLE I. 



OF THE JURISDICTION OF THE STATE— GENERAL ASSEMBLY 
—STATUTES— PUBLIC REPORTS AND DOCUMENTS— PUBLIC 
PROPERTY— CENSUS. 

Chapter I. Of the Jurisdiction of the State, and Places Ceded to the 

United States, 1. 
Chapter II. Of the General Assembly, 37. 
Chapter III. Of the Public Printing, 45. 
Chapter IV. Of the Statutes, 51. 

Chapter V. Of the Public Reports and Documents, 54. 
Chapter VI. Of the Public Property, 57. 
Chapter VII. Of the Census, 85. 



CHAPTER I. 

Of the Jurisdiction of the State and Places Ceded to the United States. 

» (1) Section 1. Jurisdiction of the State of South Carolina. — The sover- 
eigntj^ and jurisdiction of this State extends to all places within its bounds, 
which are hereby declared to be as follows : 

The northern line, beginning at a point on the seashore, about a mile and 
a quarter east of the mouth of Little River, runs in a northwest direction, 
sixty-four and one-half miles, to a point two miles northwest of one of the 
branches of Little Pee Dee River ; thence, in the same direction, twenty-two 
miles, to a stake in a meadow ; thence, in a direction due west, a distance of 
sixty-two miles, to a point where the said line intersects the Charleston 
Road (at sixty-one miles) near the Waxhaw Creek; thence along the line 
extending from this point to the Tryon Mountain ; thence from a stone set 
lip and marked "S. C. and N. C, September IStli, 1815," running west 
four miles and ninety poles, to a stone marked "S. C. and N. C. ;" thence 
south, twenty-five degrees west, one hundred and eighteen poles, to a chest- 
nut on the top of the Ridge dividing the waters of the North Fork of Paco- 
let River from the waters of the North Fork of the Saluda River; thence 
along the various courses of the said Ridge (agreeably to the plat and sur- 
vey of the Commissioners and Surveyors accompanying their report, dated 
2d November, 1915), to the Ridge that divides the Saluda waters from those 
of Green River ; thence along the various courses of the said Ridge, agree- 
ably to the said plat and survey, to a stone set up where the said Ridge 
joins the Ridge which divides the eastern from the western waters, and 
which stone is marked "S. C. and N. C, September 28tli, A. D. 1815;" 



2 CIVIL CODE OF SOUTH CAROLINA. 

thence along the various courses of the said Ridge, agreeably to the said 
plat and survey, to a stone set up on that part of it which is intersected 
by the Cherokee boundary line, run in the year 1797, and which stone is 
marked "S. C. and N. C, 1813;" and from the said last mentioned stone, 
on the top of the said Ridge, at the point of intersection aforesaid, a direct 
line, south, sixty-eight and one-fourth degrees west, twenty miles and eleven 
poles, to the thirty-fifth degree of north latitude, at the rock in the east 
bank of Chatooga River, marked "Latitude thirty-five degrees, A. D. 1813 ;" 
which line, from the termination of the line of 1772 to the Chatooga River, 
is, in all, a distance of twenty-four miles and one hundred and eighty-nine 
poles. 

From the State of Georgia, South Carolina is divided by the Savannah 
River, from its entrance into the ocean to the confluence of the Tugaloo and 
Seneca Rivers ; thence by the Tugaloo River to the confluence of the Tugaloo 
and Chatooga Rivers ; thence by the Chatooga River to the North Carolina 
line aforesaid, in the thirty-fifth degree of north latitude, the line being low- 
water mark at the southern shore of the most northern stream of said rivers 
where the middle of the rivers is broken by islands ; and middle thread of 
the stream where the rivers fiow in one stream or volume. 

On the east, the State is bounded by the Atlantic Ocean, from the mouth 
of the Savannah River to the northern boundarj', near the mouth of Little 
River, including all the islands. 

Civ. '12, § 1; Civ. '02, § 1 ; G. S. 1 ; R. S. 1. 

(2) § 2. Change of State Boundary. — Whenever the location of the 
State line has been or may be reestablished and corrected by competent 
authority, the lines of bordering lands which were established and fixed 
according to the previous location of the State line, shall not be changed by 
reason of such reestablishment and correction of the State line. 

Civ. '12, § 2; 1906, XXV, 63. 

(3) § 3. Reciprocity as to Chartered Privileges Between Georgia and 
South Carolina. — Any charter or franchise granted, or to be granted, by 
the State of Georgia, for the purpose of building and establishing bridges 
or ferries over the Savannah River, shall have full effect within the limits 
and jurisdiction of the State of South Carolina, to the same extent, in all 
respects, as if such charter or franchise had been granted by the State of 
South Carolina: Provided, That the State of Georgia do, by law, jDrovide 
that equal effect be given in the State of Georgia to charters and franchises 
granted by this State; and that the legal validity and efl^ect of a charter, 
granted by either of the said States for the purpose aforesaid, shall be 
subject to this limitation and restriction, that no such charter, from either 
State, shall prevent the other State from granting a charter for a bridge 
or ferry over the Savannah River at any place, however near the place 
where a bridge or ferry is or maj^ be established, under a charter from the 
other State. 

Civ. '12, § 3; Civ. '02, § 2; G. S. 2; R. S. 2; 1851, XII, 119. 

(4) § 4. Places Ceded to the United States and Subject to Concurrent 
Jurisdiction. — In respect to the places within the boundaries ceded by the 
State to the United States, the jurisdiction of this State is concurrent with 



CIVIL CODE OF SOUTH CAEOLINA. 3 

that of the United States, according to the terms of cession in each case 
respectively. 

Civ. '12, § 4; Civ. '02, § 3; G. S. 3; R. S. 3. 

The places ceded are as follows : 

1 Light House on Middle Bat Island, in Charleston Haebor. — The 
light house on Middle Bay Island, within the bar of Charleston harbor, 
bounded, to the north, by a small inlet passing between the said island and 
Morris Island ; to the south, by an inlet called Polly Inlet ; to the east, by the 
Atlantic Ocean ; and to the west, by a sound or creek passing between the 
said Middle Bay Island and the other island aforesaid ; together with the 
lands and tenements thereunto belonging, and together with the jurisdic- 
tion of the same, as far as the same shall be incident and essential for the 
erection of forts, magazines, arsenals, dock^^ards and other needful build- 
ings, and the appointment of officers, and general regulation of the said 
light house, forts, magazines, arsenals, and dockyards, in fee simple in as 
full, ample and effectual manner as the premises could be granted, aliened, 
transferred, conveyed and confirmed, by anj^ deed or devise, in due form of 
law; upon the special proviso and condition, nevertheless, that the said United 
States shall sufficiently support, maintain, and keep in good repair, and 
rebuild, when necessary, the said light house, from time to time, and at all 
times hereafter; and shall also erect, or cause to be erected, proper leading 
marks to and for, or as appending to, the said light house, and cause buoys 
to be stationed in fit places for the further and better facilitating and secur- 
ing the navigation ; and that all expenses which shall accrue in, for, and 
about the said light house, or the leading marks and buoys above mentioned, 
shall be defrayed out of the Treasury of the United States. 
1790, V, 148. 

Survey of 1735; Survey of 1737; Survey of 1764; Survey of 1772; Gov. Swain; I., 409; 1815, 
I.. 420. 

Watkins' Digest, 737; Beaufort Convention P. L., 460; 1787, I., 411; Shultz v. Bank, U. S 
S. C, 1882, MS., per Johnson, J.; Handy v. Antlionv. Ohio River Case, U. S. S. C, 5 Wheat., 374; 
Original Charters, S. C. Trott's Laws. 

Civil process of Federal Court does not run to that frontier or belt of water recognized by law of 
nations as under control of littoral owner for purposes of revenue .and defense. The Hungaria, 41 
Fed. Eep. 109. 

2. Seven Acres of Land on North Island, Georgetown County. — . 
Seven acres of land on North Island, in Georgetown County, butting and 
bounding to the eastward on the sea, to the west and north by lands belong- 
ing to Paul Trapier, and to the south by Winj-ah Bay: Provided, neverthe- 
less, That nothing contained in this cession shall be construed to exclude 
or prevent any process, criminal or civil, issuing from any of the courts of 
this State, from being served or executed within the limits of the said tract 
of seven acres of land. 

1797, V, 309. 

3. Fort Moultrie, on Sullivan's Island, Charleston County. — All the 
lands reserved for Fort Moultrie, on Sullivan's Island, in Charleston 
County — provided the same shall not exceed five aere.s — with all the forts, 
fortifications, and buildings thereon, together with the canal leading from 



4 CIVIL CODE OP SOUTH CAROLINA. 

the cove on the back of the fort, nearly up to the same, as delineated on the 
plan of Charleston harbor by Col. Senf, in the Secretary of State's office 
at Columbia. 
1805, V, 601, § 1. 

4. Fort Johnston, Charleston Counts. — The high lands and part of 
the marsh belonging to Fort Johnston, as delineated on the said plan of 
Charleston harbor — provided the same shall not exceed twenty acres — 
including the present site of Fort Johnston. 

1805, V, 501, § 1. 

5. Fort Pinckney, Charleston County. — The land on which Fort 
Pinckney is built, and three acres around the same — Charleston County. 

1805, V, 501, § 1. 

6. Sandbank on Southeast Point of Charleston. — A portion of the 
sandbank marked "C, " on the southeasternmost point of Charleston, as 
delineated on the said plan of Charleston harbor, not exceeding two acres. 

1805, V, 501, § 1. 

7. Ten Acres on Blythe's Point, Sampit River, in Georgetown 
County. — A lot, not exceeding four acres, for a battery or fort, and neces- 
sary buildings, on Dr. Blythe's point of land, at the mouth of Sampit River, 
Georgetown County, and a quantity of land, not exceeding six acres, on Dr. 
Blythe's said point of land, at the mouth of Sampit River, adjoining, and in 
addition to, the said four acres, and for the same purposes. 

1805, V, 501, § 1. 

8. Mustard Island, and Seven Acres on St. Helena Island, Beaufort 
County. — Mustard Island, opposite Paris Island, in Beaufort River, and a 
tract of land on St. Helena Island, opposite the same, not exceeding seven 
acres — Beaufort County. 

1805, V, 601, § 1. 

9. Five Acres in Beaufort, Beaufort County. — Five acres of the pub- 
lie lands, near the town of Beaufort, including the site of Fort Lyttleton, 
Beaufort County, for the purpose of erecting a fort. 

1808, V, 576, § 4. 

10. Fort Mechanic, Charleston County. — The lots or tracts of land 
whereon Fort Mechanic is erected, and such other lots and parcels of land as 
may be considered necessary to that establishment, so soon as they shall have 
been conveyed by Christopher Williman and William Holmes to the United 
States, for all purposes necessary to the maintenance of a military post: 
Provided, however, That nothing in this cession shall be construed to pre- 
vent any process, civil or criminal, issuing from any of the courts of this 
State, or any other competent authority, from being served or executed 
within the limits of the said lots or tracts of land so to be conveyed by the 
said Christopher Williman and Wm. Holmes to the United States: And 
provided, also. That nothing contained in this cession shall be so construed 
as to impair the rights and privileges vested in the City Council of Charles- 



CIVIL CODE OF SOUTH CAROLINA. 5 

ton, under their charter of incorporation, who are hereby also authorized 
and empowered to relinquish their right or jurisdiction in and over the 
land aforesaid. 
1813, V, 696, § 1. 

11. One Hundred Feet on Haddrell's Point, Charleston County. — 
One hundred feet square of land, on Haddrell's Point, Charleston County 
(conveyed bj' Mrs. Rebecca Bee Barksdale, for the use of the United States), 
for the purpose of erecting a beacon thereon : Provided, nevertheless, That 
nothing contained herein shall be construed to exclude or prevent any 
process, civil or criminal, issuing from the courts of this State, from being 
served or executed within the limits of the said cession. 

1823, VI, 220. 

12. One Acre on Otter Island, Colleton County; One Acre on Sta- 
tion Creek, and One Acre on Bob's Island, Beaufort County. — One acre 
of land on Otter Island, in Colleton County, for a light house ; one acre of 
land on the north side of Station Creek, near St. Helena Island, in Beaufort 
County, for the erection of a beacon light; and one acre of land on Bob's 
Island, at the entrance of Scull Creek, in Beaufort County, for the erection 
of a beacon light: Provided, That the said lands, when purchased by, or 
vested in, the United States, and every person or officer residing or employed 
thereon, whether in the service of the United States or not, shall be subject 
and liable to the Government of this State, and the jurisdiction, laws, and 
authority thereof, in the same manner as if the cession had never been 
made ; and that the United States shall exercise no more authority or power 
within the limits of the said land than they might have done perviously to 
the cession thereof, or than may be necessary for the building, erection, 
repairing or internal government of the said light house, and the regulation 
and management of the said light house and the said beacon lights that may 
be built and erected on the said lands, and of the officers and persons by 
them to be emploj^ed in and about the same. 

The said lands shall be forever exempt from any taxes to be paid to this 
State. 

1837, VI, 569. 

13. Fortification Sites on Sullivan's Island, James' Island, and 
Shute's Folly Island, Charleston County. — The lands, forts, fortifica- 
tions and sites, for the erection of forts on Sullivan 's Island, James ' Island, 
and Shute's Folly Island, in Charleston County, as delineated in a plan of 
survej'', made by Robert Q. Pinckney, on the ITtli November, 1846, under 
direction of commissioners appointed under Resolution of 1845, which lands, 
sites, forts and fortifications so ceded shall be exempt from any tax to be 
paid to this State : Provided, That all process, civil or criminal, issued 
under the authority of this State, any officer thereof, shall and may be 
served and executed on any part of the lands and sites, forts and fortifica- 
tions so ceded, and on any person or persons there being and implicated in 
matters of law : And provided, also. That nothing herein contained shall be 
construed to interfere with the rights and property of the citizens, or so as 
to afifect any of the streets, thoroughfares, or public landings on the said 
islands. 

1846, XI, 366; 1848, XI, 514, § 2. 



6 CIVIL CODE OF SOUTH CAROLINA. 

14. A Lot on South Island, Georgetown County. — A lot on South 
Island, in Georgetown County, on the southern edge of Winyah Entrance, 
for a light house, which lot shall, during the continuance of the said light 
house, be exempt from any taxes to be paid to this State : Provided, That 
the said lot, when purchased or vested in the United States, and every per- 
son and officer residing or employed thereon, whether in the service of the 
United States or not, shall be subject and liable to the Government of this 
State, and the jurisdiction, laws and authority thereof, in the same manner 
as if this cession had never been made, and that the United States shall 
exercise no more authority or power within the limits of the said laud than 
they might have done previously to the cession thereof, or than may be 
necessary for the building, erection, repairing or internal government of 
the said light house, and of the officers and persons by them to be employed 
in and about the same. 

1847, XI, 442. 

15. Five Acres in Charleston for a Custom House. — A lot, not to 
exceed five acres, in the City of Charleston, for the erection of a custom 
house ; which lot, and the buildings erected thereon, shall be exempt from 
any tax to be paid to this State : Provided, That all process, civil or crim- 
inal, issued under the authority of this State, or any officer thereof, shall 
and may be served and executed on any part of said land, and on any per- 
son or persons there being and implicated in matters of law. 

1848, XI, 514. 

16. A Site on Morris Island, for a beacon or light house — Charleston 
County. 

18-53, XII, 295. 

17. A Site on Thomas' Island, for a beacon or light house. 

1853, XII, 295. 

18. Sites on North and South Island Points, Near Georgetown, 
Georgetown County.i — Sites for three beacons, to be placed on or near 
North and South Island Points, in the vicinity of Georgetown — Georgetown 
County 

18.53,'xn, 295. 

19. Site on Cape Island, Charleston County. — A site on Cape Island, 
on some point in the immediate vicinity of the present light house, on Cape 
Romain, for a light house — Charleston County. 

1853, XII, 295. 

20. Site in Charleston for Harbor Light. — A site on the East Battery, 
in the City of Charleston, for a beacon or harbor light. 

None of the sites ceded in subdivisions 16 to 20, inclusive, to exceed ten 
acres in any one case; nor shall such sites be used for any other purpose 
than the purposes specified ; and nothing shall exclude or prevent process, 
ci-\dl or criminal, issuing from the courts of this State, from being served 
or executed within the limits of said cessions. 

1853, XII, 295. 

21. Site for Beacon, in Range With Charleston Light House. — A site 
for beacon to range with Charleston light house. 



CIVIL CODE OF SOUTH CAROLINA. 7 

Site for Day Beacon for St. Helena Sound, Beaufort County. — A 
site for a day beacon for St. Helena Sound — Beanfort County. 

1854, XII, 315. 

22. Sites for Beacons for Callabogue Sound, Beaufort County. — 
Two sites for two beacons, to serve as a range for Callabogue Sound — 
Beaufort County. 

1854, XII, 316. 

23. Sites at North Edisto, Charleston County. — A site for light house 
and beacon light on the main land, at North Edisto — Charleston County. 

1854, XII, 316. 

24. Site on Hunting Island, Beaufort County. — A site for a light 
house and beacon light on the North Point of Hunting Island — Beaufort, 
County. 

1854, XII, 316. 

25. Site on or Near Hilton Head, Beaufort County. — A site for a 
light house and beacon light, on or near Hilton Head — Beaufort County. 

None of the sites ceded in subdivisions 21 and 25, inclusive, to exceed fifty 
acres in any one case ; the said site shall be forever exempt from any taxes 
to be paid to this State, and the same restrictions shall attach thereto as 
attach to the cession of a lot on South Island, by the proviso in subdivision 
14 of this Section. The cession of said sites shall not be construed to 
authorize their use for ar.v other purpose than the purposes specified, nor 
to exclude or prevent any process, civil or criminal, issuing from the courts 
of this State, from being served or executed within the limits of the same. 

1854, XII, 316; 1856, XII, 592, § 3. 

26. Fifty Feet on South Battery, Charleston. — A site, restricted to 
fifty feet square, on South Battery, in the City of Charleston, for a beacon 
or harbor light, which shall be forever exempt from any taxes to be paid to 
this State; and shall be subject to the same restrictions as attached to the 
cession of a lot on South Island, by the proviso in subdivision 14 of this 
section. 

1854, XII, 315. 

27. Sites at Mt. Pleasant, Charleston County. — A site for a light 
house, in or near Mount Pleasant, Charleston Harbor, not exceeding one 
acre. 

1856, XII, 591. 

28. Site at White Point, Charleston County. — A site for a beacon 
light at White Point, in the City of Charleston, to be designated by the City 
Council of Charleston. 

1856, XII, 591. 

29. Site at Fort Point, Georgetov^tn County. — A site for a light house 
on Port Point, near Georgetown, not exceeding twenty acres — Georgetown 
County. 

1856, XII, 591. 



8 CIVIL CODE OF SOUTH CAKOLINA. 

30. "Charleston Club House," on LIeeting Street, in Charleston.— 
A lot of land for a court house and office connected therewith, for the use 
of the United States Courts, or for any other purposes to which the Govern- 
ment of the United States may think proper to apply it, viz. : All that lot, 
piece, or parcel of land, with the buildings thereon, known as the ' ' Charles- 
ton Club House," situate, lying, and being on the west side of Meeting 
Street, in the City of Charleston, measuring and containing in front, on 
Meeting Street, iifty-eight feet, more or less, by about two hundred and 
thirty-six feet in depth, more or less ; bounding, north, on lands now or late 
of Wm. P. Greeland ; to the east, on Meeting Street ; to the south, on lands 
of M. C. Mordecai; and to the west, on lands of the French Protestant 
Church: Provided, That all process, civil or criminal, issued under the 
authority of this State, or any officer thereof, shall and may be served and 
executed on any part of the said premises, and on any person or persons 
there being, and implicated in any matter of law : A^id provided, always, 
That the said lot of land, and all the buildings and structures of every kind 
already thereon erected, or that may hereafter be erected thereon, shall be 
absolutely and forever exempt from all taxes of the County of Charleston, 
and the corporation of the City of Charleston, and of the aforesaid State. 

1870, XIV, 213, § 1. 

31. Half an Acre in Columbia, Corner Eichardson and Laurel 
Streets. — A lot of land for a postoffice and court house, and offices, con- 
nected therewith, for the use of the United States, or for any other purpose 
to which the Government of the United States may think proper to apply it, 
viz. : All that lot, piece, or parcel of land in the City of Columbia, situate, 
lying, and being on the corner of the streets known as Richardson Street and 
Laurel Street, measuring one hundred and four feet, more or less, on Rich- 
ardson Street, and two hundred and eight feet, more or less, on Laurel 
Street, and containing one-half an acre, more or less ; bounded on the north 
by Laurel Street; on the east by Richardson Street; on the south by lot 
formerly belonging to Charles Beck, and now held by Hugh "Weir ; and on 
the west by lot formerly held by Robert N. Lewis, and, by his last will and 
testament, devised to Daniel B. Lewis, executor of said last will and testa- 
ment of the said Robert N. Lewis : Provided, That all process, civil or 
criminal, issued under the authority of the State, of any officer thereof, shall 
and may be served and executed on any part of the said premises, and on 
any person or persons there being and implicated in am^ matter of law: 
And provided, always, That the said lot of land, and all the buildings and 
structures of every kind already thereon erected, or that may hereafter be 
erected thereon, shall be absolutely and forever exempt from all taxes of 
the County of Richland, and the corporation of the City of Columbia, and 
of the aforesaid State. 

1870, XIV, 326, § 1. 

32. The National Cemetery in Florence County. — The jurisdiction of 
the State is hereby ceded to the United States of America over certain land 
situate in the County of Florence, and near the town of Florence, known as 
the "National Cemetery." The United States are to retain such jurisdic- 
tion so long as such lands shall be used as a National Cemetery, and no 
longer. Such jurisdiction is granted on the express condition that the 



CIVIL CODE OF SOUTH CAROLINA. 9 

State of South Carolina shall retain a concurrent jurisdiction with the 
United States in and over said lands, so far as that civil process in all cases 
not affecting the real or personal property of the United States, and such 
criminal or other process as shall issue under the authority of the State of 
South Carolina against any person or persons charged with crime or misde- 
meanor coiamitted within or without the limits of the said lands, may be 
executed thereon in the same way and manner as if no jurisdiction had been 
hereby ceded. 

XV, 312. 

33. Certain Lands in Beaufort County. — That there is hereby granted 
to the United States a strip of marsh land not exceeding one thousand feet 
in width, lying in and along a tidal stream known as Archer's Creek, on 
either side thereof, and extending throughout the entire length of said 
creek, the exact limits to be determined by the Secretary of War : Provided, 
That this grant is made in order to facilitate the improvement of the said 
creek for the purposes of navigation, and the United States may dredge, 
fill in, occupy, and use the said strip of land in any way that may be neces- 
sary to execute any project for said improvement which Congress may 
hereafter adopt, and for no other purpose. 

1912, XXVII, 653. 

34. Shore Line of Morris Island and op Sullivan's Island foe Jetties 
FOR Charleston Harbor. — There is granted to the United States of America 
a quantity of land on Sullivan's Island, Charleston Harbor, not exceeding 
three hundred feet in length and two hundred feet in breadth, for the erec- 
tion of the shore line of a jetty, to be erected for the improvement and 
deepening of the bar of Charleston Harbor. The land so granted is 
described and located as follows : Starting from the magistral of the north- 
east salient angle of Fort Moultrie, thence running south two degrees 
seven and one-half minutes (2° 71/2') east, eight hundred and forty-six 
(846) feet, to a point near high-water line on the south shore of Sullivan's 
Island; thence north eighty-six degrees thirty-five and one-half minutes 
(86° 35I/2') east, two thousand eight hundred (2,S00) feet, to a point near 
the same high-water line; thence north seventy-seven degrees thirty-eight 
and one-half minutes (77° 383,4') east, two thousand one hundred and ninety 
and one-half (2,1901/2) feet, to a point on the high-water line of said shore, 
which point is the southwest angle of the tract hereby conveyed ; thence 
north seventy-seven degrees thirty-eight and one-half minutes (77° 38I/2') 
east, along said water-line three hundred (300) feet; thence north twelve 
degrees twenty-one and one-half minutes (12° 2II/2') west, two hundred 
(200) feet; thence south seventy-seven degrees thirty-eight and one-half 
minutes (77° 381/2') west, three hundred (300) feet, thence south twelve 
degrees twenty-one and one-half minutes (12° 211/^') east, two hundred 
(200) feet, to the high-water line at the beforementioned southwest angle 
of the tract herein conveyed; and the accretion on the three hundred (300) 
feet of water-front of said tract shall also belong to the United States for 
the purposes aforesaid. 

XVI, 709. 



10 CIVIL CODE OF SOUTH CAROLINA. 

There is herebj" granted to the United States of America a quantity of 
land on Morris Island, Charleston Harbor, sufficient for the erection of a 
shore line of a jetty for the improvement and deepening of the bar of 
Charleston Harbor, not exceeding fifteen hundred feet in length, measured 
on the high--n'ater line, and two hundred feet in breadth, which land so 
granted may be located and selected either from the land now owned by the 
State of South Carolina at the north end of Morris Island ; and the accre- 
tion on the water-front of said land so granted shall also belong to the 
United States for the purposes aforesaid. That in addition to said lands 
herein granted, is also ceded to the United States of America such other 
quantity of land on Morris Island as ma.y be needed for the shore line of the 
jetty aforesaid, belonging to any person or persons other than the State of 
South Carolina, so soon as such land has been or may be conveyed by the 
owner thereof to the United States of America : Provided, That a plat of 
all the lands herein granted and ceded shall be made and be deposited in 
the ofSce of the Secretary of State under the supervision and direction of 
the proper officer of the United States in charge of the jetties. 

XVII, 95. 

Land Ceded for Chaeleston Jetties. — So much land of the State as may 
be needed for the permanent construction of the shore end of the jetties in 
Charleston Harbor lying on and next adjacent to Morris Island and the 
creeks and mar.shes contiguous thereto, be, and the same are hereby, granted 
to the United States of America, for the purpose of the erection and con- 
struction of said shore end of said jetties : Provided, That same do not exceed 
one hundred and fifty acres : Provided, further. That nothing herein con- 
tained shall be construed to impair or aiJect the rights of owners or of any 
private individuals claiming the said lands, or any part thereof. 

1899, XX, 290. 

35. Certain Lands in Georgetown County Between W inyah Bay and 
Santee River. — Such lands as may be required for the purpose of coiuiect- 
ing Winyah Bay and Santee River, in Georgetown County, so as to facili- 
tate commerce. 

A. A. 1882. 

36. Land Ceded for Georgetown Jetties. — There is hereby ceded to the 
United States of America, for the purpose of constructing jetties for the 
improvement of the bar at the entrance of Winyah Bay, S. C, any and all 
rights of the State to the adjacent water-covered territory extending from 
high-water mark in certain lands granted by Bettie Mason Alexander and 
Edward P. Alexander to the United States of America, by deed bearing 
date the 17th of September, 1889, and recorded in the office of Register of 
Mesne Conveyances for Georgetown County, in Book K, page 692-695, out- 
ward about (500) five hundred feet, and also from the jetties to be con- 
structed by the United States outward about five hundred feet in every 
direction into the Atlantic Ocean and Winyah Bay, respectively, and to any 
and all accretions to said territory growing out of the construction of said 
jetties, or from any other causes; this territory being at present bounded 
as follows, to wit: 



CIVIL CODE OF SOUTH CAROLINA. 11 

Description of Land Ceded on North Island. — North Island : Begin- 
ning at a point on the west side of tlie southern point of said island at the 
high-M'ater line, about (1,600) sixteen hundred feet distant, and south 4 
degrees 39 minutes east from the center of the Georgetown Light House 
and running thence due west about (1,200) one thousand two hundred feet 
thence south 47 dea-rees 16 minutes east (6,200) sixty-two hundred feet 
thence south 63 degrees 45 minutes east (2,800) twenty-eight hundred feet 
thence south 84 degrees east (10,200) ten thousand two hundred feet 
thence north (1,000) one thousand feet; thence north 84 degrees west 
(9,900) ninety-nine hundred feet; thence north 63 degrees 45 minutes west 
(2,400) twenty- four hundred feet; thence north 47 degrees 16 minutes west 
(2,700) twenty-seven hundred feet; thence north 45 degrees east (2,500) 
twenty -five hundred feet ; thence west to the high-water line on the east side 
of North Island Point ; thence around said point toward Winyah Bay, with 
the various meanderings of said high-water line to the beginning. 

It seems that high-water line is boiindar.v of exclusive state territory. The Hungaria, 41 Fed. 
Eep. 110. 

Description op Land Ceded on South Island — Exemption from 
Taxes. — South Island ; Beginning at a point on the beach of said island 
about (12,511) twelve thousand five hundred and eleven feet south of the 
eastern end of the southern boundary of land now belonging to W. C. 
Johnstone, and from which the Georgetown Light House bears north 28% 
degrees east, and the center of the U. S. dyke across Lagoon Creek bears 
north 331/^ degrees west, and runs thence in a southerly direction (800) 
eight hundred feet to a point on the high-water line; thence due east 
(22,100) twenty-two thousand one hundred feet; thence south (1,000) 
one thousand feet; thence due west to the high-water line on South Island; 
thence with the various meanderings of said high-water line to the second 
corner from the beginning (counting the beginning corner as the first 
corner) : And provided, also, That all the above deeded lands and territory 
shall be exempted from all State taxes, assessments and other charges, as 
provided in Section 11, Chapter I of this Code, for the lands theretofore 
granted to the United States for similar purposes. 

Plat to Be Executed and Piled. — The proper officers of the United 
States, in charge of said jetties, from time to time shall cause to be executed 
a plat of the lands which may be required for the purposes aforesaid, and 
file the same in the office of the Secretary of State of this State. 

1899, XX, 291. 

37. Jurisdiction Over Certain Lands on Sullivan's Island Given to 
the United States. — The right, title and interest of this State to, and the 
jurisdiction and control of this State over, the following described tracts or 
parcels of land and land covered with water, situated in the town of Moul- 
trieville, on Sullivan's Island, in the County of Charleston, in this State, be, 
and the same are hereby, granted and ceded to the United States of America 
as sites for the location, construction and prosecution of works of fortifica- 
tions and coast defenses, to wit: All that tract or parcel of land, and land 
covered with water, bounded as follows : Beginning at the point of intersec- 
tion of the eastern boundary line of the Fort Moultrie military reservation 
with the line of the southern side of Beach Avenue, and running thence 



12 CIVIL CODE OF SOUTH CAROLINA. 

along the southern side of said Beach Avenue, in an easterly direction, to its 
intersection with the western side of Sumter Street : thence along the west- 
ern side of Sumter Street extended, in a southerly direction, to a point in 
the sea one hundred yards beyond low-water mark; thence in a westerly 
direction, following the meanderings or intersections of a line in the sea one 
hundred yards beyond low-water mark to the eastern boiindary line of the 
Fort Moultrie militarj' reservation extended and thence along the eastern 
boundary line of the Fort Moultrie military reservation extended, and along 
said eastern boundary line, in northerl.y direction, to the place of beginning. 
Also, all that tract or parcel of land, and land covered with water, bounded 
as follows : Beginning at a point in the sea on the prolongation or exten- 
sion, in a southerly direction, of the dividing line between Lot T and Lot U, 
as laid down on the plan of said town of Moultrieville, one hundred yards 
beyond low-water mark, and running thence in a northerly direction, along 
the prolongation or extension of said dividing line, and the line that divides 
Lot No. 224 from Lot No. 225, as laid down on the plan of said town of 
Moultrieville, to the southerh' side of Ion Street ; thence in an easterly direc- 
tion, along the southerly side of Ion Street, to the point of intersection of 
the southerly side of that street with the dividing line between Lot No. 256 
and Lot No. 257, as laid down on the plan of said town of Moultrieville; 
thence in a southerly direction, along the dividing line between said Lots 
256 and 257, and the dividing line between Lot No. 260 and Lot No. 261, as 
laid down on the plan of said town of Moultrieville, and the prolongatioji 
or extension of said dividing lines, to a point in the sea one hundred j^ards 
beyond low-water mark; thence in a southwesterly direction, following the 
meanderings or indentations of a line in the sea one hundred yards beyond 
low-water mark to the place of beginning, excepting from the tract or par- 
cel of land so described and hereby ceded, the United States .jetty reserva- 
tion. Also, all that tract or parcel of land, and land covered with water, 
bounded as follows : Beginning at a point in the sea on the prolongation or 
extension, in a northerly direction, of the easterly side of Horry Street, one 
hundred yards beyond low-water mark, and running thence, in a southerly 
direction, along the prolongation of the easterly side of said Horry Street, 
and along the easterly side of said street to its intersection with the north- 
erly side of East Middle Street or Beach Avenue; thence in an easterly 
direction, along the northerly side of said East Middle Street or Beach 
Aveniie, to the point of intersection of the northerly side of that street with 
the dividing line between Lot No. 269 and Lot 270, as laid down on the plan 
of said town of Moultrieville; thence in a northerly direction along the 
dividing line between said Lots Nos. 269 and 270 and the dividing line 
between Lot No. 265 and Lot No. 266, as laid down on the plan of said town 
of Moultrieville, and the prolongation of said dividing lines, to a point in 
the sea one hundred yards beyond low- water mark; thence in a southwest- 
erly direction, following the meanderings or indentations of a line in the 
sea one hundred yards beyond low-water mark, to the place of beginning. 
1896, XXII, 390. 

38. Same. — Also, the right, title and interest of this State to, and the 
jurisdiction of this State over, the following described tract or parcels of 
land, and land covered with water, situated in the town of MouItricAdlle, 



CIVIL CODE OF SOUTH CAROLINA. 13 

on Sullivan's Island, in the County of Charleston, in this State, be, and the 
same are hereby, granted, and ceded to the United States of America as 
sites for the location, construction and prosecution of works of fortifications 
and coast defense, and for the use of the garrison, to wit : 

All that tract and parcel of land, and land covered with water, bounded 
as follows : Beginning at a point on the prolongation or extension, in a 
northerly direction of the westerly line of Lot 159, as laid down on the plan 
of said town of Moultrieville, on the back beach, one hundred yards beyond 
high-water line; thence in an easterly direction following the raeanderings 
or indentations of a line one hundred yards beyond said high-water line to 
the intersection of the prolongation or extension in a northerly direction of 
the western line of Pettigru Street; thence in a southerly direction along 
said prolongation or extension of the said westerly line of Pettigru Street, 
along said westerly line of Pettigru Street, and along the prolongation or 
extension in a southerly direction of said westerly line of Pettigru Street, 
to a point one hundred yards beyond low-water line in the sea; thence in a 
westerly direction, following the meanderings or indentations of a line in 
the sea one hundred yards beyond low-water line to its intersection with 
the prolongation or extension, in a southerly direction, of the eastern side 
of Marion Street; thence in a northerly direction along said prolongation 
or extension of the eastern side of Marion Street, and along said eastern 
side of Marion Street to its intersection with the northern side of Central 
Avenue; thence in a westerly direction along the northern side of Central 
Avenue to the southwest corner of Lot 159 aforesaid ; and thence in a north- 
erly direction along the western line of said Lot 159 aforesaid, and along 
the prolongation or extension, in a northerly direction, of the western line 
of said Lot 159 to the place of beginning, excepting from the area described 
those portions which are occupied and in use by the public as highways, 
known as Central Avenue and Beach Avenue ; and also all that tract and 
parcel of land, and land covered with water, bounded as follows : Begin- 
ning at a point on the prolongation or extension, in a northerlj' direction. 
of the westerly line of Lot 131, as laid down on the plan of said town of 
Moultrieville, on the back beach, and one hundred yards beyond high-water 
line; thence in an easterly direction following the meanderings or indenta- 
tions of a line one hundred yards beyond said high-water line to the inter- 
section of the prolongation or extension, in a northerly direction, of the 
eastern line of Marion Street; thence in a southerly direction along said pro- 
longation or extension of said easterly line of Marion Street along said 
easterly line of Marion Street, and along the prolongation or extension in a 
southerly direction of the said easterly line of Marion Street, to a point one 
hundred j^ards beyond low-water line in the sea; thence in a westerly 
direction following the meanderings or indentations of a line in the sea one 
hundred yards beyond low-water line of its intersection with the prolonga- 
tion or extension in a southerly direction of the eastern side of Sumter 
Street ; thence in a northerly direction along said prolongation or extension 
of the eastern side of Sumter Street, and along said eastern side of Sumter 
Street to the place of beginning — excepting from the area described those 
portions which are occupied and in use by the public as highways, known 
as Central Avenue and Beach Avenue. 
1900, XXIII, 422. 



14 CIVIL CODE OF SOUTH CAROLINA. 

39. Same. — Also the right, title and interest of this State to, and the 
jurisdiction of this State over, the lands comprising those portions of Cen- 
tral Avenue and Beach Avenue, in the town of Moultrieville, Sullivan's 
Island, in this State, which line between Pettigru and Sumter streets, in 
said town of Moultrieville, are hereby ceded to the United States of America 
for military purposes; and the portion of Beach Avenue herein ceded is 
vacated and discontinued as a public highway : Provided, That the portion 
of Central Avenue herein ceded shall be forever kept open as a public street ; 
and this cession shall in no way interfere with any private rights, or any 
franchise heretofore legally granted with reference to said Central Avenue : 
And provided, further, That this State reserves the right to authorize the 
laying and maintaining of tracks for railroad or traction purposes on and 
across the portion of Central Avenue ceded or on lands contiguous thereto, 
and lying within 15 feet of the same: Provided, That there is hereby 
reserved to this State a concurrent jurisdiction for the execution within 
said lands mentioned in subdivisions 36, 37 and 38 of all process, civil or 
criminal, lawfully issued by the courts of the State and not incompatible 
with this cession. 

Condition of the Grant. — The grant hereinbefore made in subdivisions 
36 and 37 is upon the condition that the said grant shall not be effectual 
as to any portion of the premises embraced in the foregoing description in 
which any person or persons have now any right, title or interest, or upon 
which any person or persons now own or have any structures or improve- 
ments, until the United States of America shall have compensated such 
person and persons for such right, title and interest, and for such buildings, 
structures and improvements, and acquired the title of such person and 
persons thereto; and said grant shall not be effectual until the United States 
of America shall have further compensated the parties who, at and before 
the cession of said jetty reservations, owned like interests or owned struc- 
tures and improvements upon the territory heretofore ceded by this State 
to the United States of America for a jetty reservation. 

1901, XXIII, 608. 

Compensation — How Determined. — In case of the failure of the United 
States of America and any persons interested as aforesaid, or owner as afore- 
said, to agree upon the proper compensation to be paid as above provided, 
the United States of America is authorized to have the same determined by 
the verdict of a jury upon application by petition to the Court of Common 
Pleas for Charleston County, which shall be served as by law a summons in 
a civil action in said court is required to be served, and the same shall be 
heard without delay at a term of said court and under the direction of the 
presiding Judge thereof, and such determination shall be final and without 
appeal ; and upon the amount so found being paid, with the cost of Clerk 
and Sheriff, if any, the right and title of the parties thereto shall vest in the 
United States of America. 

Streets, Etc., Included in Above Grant Vacated. — All streets, roads 
and highways within the said tracts or parcels of land except Central Ave- 
nue, as above stated, are vacated and discontinued from the time said grant 
becomes effectual. 

1896, XXII, 390; 1890, XXIII, 422. 



CIVIL CODE OF SOUTH CAROLINA. 15 

40. Certain Lands in Charleston Harbor Ceded for Sanitarium. — All 
those marsh lands next adjacent to Castle or Fort Pinckney, not already 
ceded to the United States of America, and consisting of fifty acres of marsh 
lands, more or less, be, and the same are hereby, granted unto the United 
States of America for the purpose of the erection, construction and main- 
taining of a Home or Sanitarium for disabled officers, soldiers and sailors 
of the army and navy of the United States of America. 

Land to Be Exempt prom Taxes. — Said lands shall be, and continue, so 
long as the same shall be used for the purpose aforesaid, exonerated and 
discharged from all taxes, assessments and other charges which may be 
imposed under the authority of the State of South Carolina. 

Plat of Land to Be Made and Filed With Secretary of State. — The 
proper officers of the United States in charge of such institution shall cause 
to be executed a plat of the lands which may be acquired for the purpose 
herein mentioned, and file the same in the office of the Secretary of State 
of this State. 

1898, XXII, 962. 

41. Certain Lands in Town of Moultrieville, Charleston County. — 
The right, title and interest of this State to, and the jurisdiction of this 
State over, the following described tract or parcel of land, and land covered 
with water, situated in the town of Moultrieville, on Sullivan's Island, in 
the County of Charleston, in this State, are hereby granted and ceded to the 
United States of America for the enlargement of the military reservations 
on said island, to wit : All that tract and parcel of land, and land covered 
with water, bounded on the west by Fort Moultrie Reservation and parade 
ground ; on the south by lands recently acquired bj^ the United States for 
fortification purposes ; on the east by lands recently acquired bj- the United 
States for garrison purposes, and on the north by a line following the mean- 
dering or indentations of a line in the sea one hundred yards beyond high- 
water line ; the easterly and westerly boundaries to be extended to meet this 
last mentioned line: Provided, That there is hereby reserved to this State a 
concurrent jurisdiction for the execution with said lands of all process, civil 
or criminal, lawfully issued by the courts of this State, and not incompati- 
ble with this cession : Provided, further, That the portion of Central Ave- 
nue within the tract herein ceded shall be forever kept open as a public 
street, and shall, together with its continuation through the government 
reservation, be kept in proper condition and repair by the government; 
and this cession shall in no way interfere with any private rights or any 
franchise heretofore legally granted with reference to said Central Avenue : 
And provided, further. That this State reserves the right to authorize the 
laying and maintaining of tracks for railroad or traction purposes on or 
across the portion of Central Avenue ceded, or on lands contiguous thereto, 
and lying within fifteen feet of the same. 

Condition of Grant. — The grant hereinbefore made is upon condition 
that the said grant shall not be effectual as to any portion of the premises 
embraced in the foregoing description in which any person or persons have 
now any right, title or interest, or upon which any person or persons now 
own or have anj' structures or improvements, until the United States of 



16 CIVIL CODE OF SOUTH CAROLINA. 

America shall have compensated such person or persons for siieh right, title 
and interest, and for such buildings, structures and improvements, and 
acquired the title of such person or persons thereto. 

Failure to Agree on Compensation. — In case of the failure of the United 
States of America and any persons interested as aforesaid, or owner as 
aforesaid, to agree upon the proper compensation to be paid as above pro- 
vided, the United States of America is authorized to have the same deter- 
mined by the verdict of a jury, upon application by petition to the Court of 
Common Pleas for Charleston County, which shall have exclusive jurisdic- 
tion of the same, and which shall be served as by law a summons in a civil 
action in said court is required to be served, and the same shall be heard 
without delay at a term of said court and under the direction of the pre- 
siding Judge thereof, and such determination shall be final and without 
appeal, and upon the amount so found being paid, with all costs of the 
proceedings, if any, the right and title of the parties shall vest in the United 
States of America. 

All streets, roads and highways, except Central Avenue, within the said 
tract or parcel of land, are vacated and discontinued from the time the said 
grant becomes effectual. 

1903, XXIV, 4. 

42. Certain Lands in Charleston County and Lands Covered With 
Water. — The right, title and interest of this State to, and the jurisdiction 
and control of this State over, a strip of land, and land covered with water, 
four hundred feet wide and lying two hundred feet on each side of the 
center line of the route selected b.y the United States of America for inland 
waterways between Charleston Harbor and a point opposite McClellanville, 
is hereby granted and ceded to the United States of America, for the pur- 
pose of constructing and improving the said inland waterways between 
Charleston Harbor and a point opposite the town of McClellanville, in the 
said Charleston County, and is described as follows, to wit : From the cove 
back of Sullivan's Island following the deepest water of Sullivan's Island 
Narrows to the bend next east of the point known as Spanish Fort ; thence 
the route leaves the natural waterway, and a marsh cut is to be made across a 
long bend ; thence along the deepest part of the natural waterway to Branch 
Inlet, and thence back of Isle of Palms to Meeting Reach, and through same 
to Seven Reaches ; thence through Seven Reaches to Dewees Inlet ; thence to 
and through Bull Yard Sound and into Capers Inlet ; thence to and through 
Santee Pass to Price's Inlet; thence to and through Bull Narrows, having 
one marsh cut across a bend at or near the narrowest part of this passage ; 
thence through Bull Creek and across the marsh to Sewee Creek ; thence 
■across marsh to Van Ross Creek; thence down same and across the marsh 
to Vanderhorst Creek and through marsh to Belvedere Creek; thence 
up Belvedere Creek and through marsh to Salt Pond Creek; thence up 
Salt Pond Creek and through marsh to Graham's Creek; thence up Gra- 
ham's Creek, cutting across one sharp bend and through marsh to Owendaw 
Creek; thence clown Owendaw Creek and Harbor River to Long Creek; 
thence by Long Creek and a marsh cut to Bull River; thence down Bull 
River to Five Fathom Creek, which junction is the nearest point in the 



CIVIL CODE OF SOUTH CAROLINA. 17 

proposed route to MeClellanville : Provided, That there is hereby reserved 
to this State a concurrent jurisdiction for the execution within said lands 
of all process, civil or criminal, lawfully issued by the courts of the State, 
and not incompatible with this cession. 

Dredging Material May Be Deposited on Adjoining Marsh Lands. — 
The material dredged from the proposed channel in order to widen and 
deepen the same may be disposed of by depositing such material upon the 
ad.ioining marsh lands outside of the strip of land designated herein, if 
such disposal be found necessary or desirable for construction or mainte- 
nance of said channel : Provided, That by the use of said adjoining lands 
for purposes aforesaid, the United States of America shall not acquire any 
right, title or interest in or to the said lands outside of the strip four hun- 
dred feet wide, excepting the right to deposit material thereon. 

Condition of Grant. — The grant hereinbefore made is upon the eondi' 
tion that the said grant shall not be effectual as to any portion of the prem- 
ises embraced in the foregoing description in which any person or persons 
have now an.v right, title or interest, or upon which any person or persons 
have now any legal structures or improvements, until title shall have been 
acquired by the United States of America to said right, title or interest, or 
to such structures or improvements. 

All lands and tenements which may be granted as aforesaid to the United 
States of America shall be, and continue (so long as the same shall be used 
for the purposes hereinbefore mentioned), exonerated and discharged from 
all taxes, assessments and other charges which may be imj^osed under the 
authority of the State of South Carolina. 

1903. XXIV. 6. 

43. IjOt in Florence for Erecting Public Building. — The right, title 
and interest of this State to, and the jurisdiction of this State over, the fol- 
lowing described lot or parcel of land are hereby granted and ceded to the 
United States of America, for the erection of a public building, to wit : That 
lot of land in the City of Florence, County of Florence, and State of South 
Carolina, situate on the northwestern corner of Evans and Irby streets, 
fronting on each street one hundred and fifty feet, and known on the plat 
of the City of Florence, made by J. W. Brunson, surveyor. May 5th, 1896, 
as the eastern pai't of lot 21, in sectional block C, and boimded north by lot 
No. 20, east by Irby Street, south by Evans Street and west by part of lot 
No. 21 : Provided, That there is hereby reserved to this State a concurrent 
jurisdiction for the execution within said lot of all processes, civil or crimi- 
nal, lawfullj^ issued by the courts of this State, and not incompatilile with 
this cession. 

1904, XXIV, 460. 

44. Sites in Columbia, Spartanburg, Rock Hill, and Georgetown. — 
The consent of the State of South Carolina is hereby given in accordance 
with the 17th clause of the 8th Section, of Article I, of the Constitution of 
the United States to the acquisition by the United States, by purchase, con- 
demnation, or otherwise of the several lots or parcels of land in this State 
hereinafter mentioiied or described, to wit: 1. A site in or near the City of 



18 CIVIL CODE OF SOUTH CAKOLINA. 

Columbia, County of Richland, for a weather bureau for the government. 
2. A site in the City of Spartanburg, County of Spartanburg, for a post- 
office and court house, described as follows : Beginning at the southwest 
corner of North Church and Walnut streets, in said city, and running 
thence westerly with said Walnut Street, one hundred forty-one and two- 
tenths feet to stake; thence south 29 degrees east, one hundred and forty- 
seven feet to stake; thence easterly to North Church Street, one hundred 
thirty-nine and six-tenths feet; and thence northerly with North Church 
Street one hundred forty -seven and five-tenths feet to the beginning corner, 
being the lot conveyed to the United States of America by J. F. and J. B. 
Cleveland, by deed dated April 24th, 1903. 3. A site in the City of Rock 
Hill, County of York, for a postoffice and court house, described as follows : 
Beginning on the east corner of Caldwell and Main streets, and running 
along said Caldwell Street one hundred and thirty-six feet to corner, thence 
along the line of the Roach lot one hundred and thirty feet to corner; 
thence along the line of the estate of Fannie B. Reid to corner on Main 
Street one hundred and thirty-five feet; thence to beginning corner one 
hundred and thirty feet, bounded by said streets, the Roach lot and lands of 
the estate of Fannie B. Reid, being the identical lot conveyed to the United 
States of America by the heirs of the estate of John Roach, by deed dated 

the day of , 190 — . 4. A site in the City of Georgetown, County 

of Georgetown, for a public building for the purposes of the government, 
described as follows: All that certain piece, parcel or lot of land, situate, 
lying and being at the corner of King and Front streets, in said City of 
Georgetown, and measuring on King Street one hundred and twenty feet, 
and on Front Street one hundred and thirty feet, and bounded by Front 
Street, King Street, and on all other sides by lands of the estate of George 
R. Congdon, deceased, being the same premises convej^ed by said George R. 
Congdon, in his lifetime, to said United States of America, by deed bearing 
date the 9th day of May, 1903, and duly recorded in the office of the Regis- 
ter of Mesne Conveyances for said Georgetown County, in Book V, page 317. 

Jurisdiction of State Ceded. — The right, title and interest of this State 
to. and its jurisdiction over, the said lots or parcels of land are hereby 
ceded to the United States of America : Provided, That the jurisdiction 
hereby ceded shall not vest until the United States shall have acquired the 
title to the said lands by purchase, condemnation or otherwise, and shall 
continue so long as the said lands shall remain the property of the United 
States : And provided, further, That the State of South Carolina shall 
retain jurisdiction for the execution within said lands of all process, civil 
or criminal, lawfully issued by the authority of this State, and not incom- 
patible with this cession. 

Lands Exempt from State Taxation. — The said lands and all the build- 
ings and structures of every kind which may be erected thereon shall be 
exempt from all State, county, and municipal taxation, assessments, or 
other charges which may be levied or imposed under the authority of this 
State so long as the same shall remain the proijerty of the United States. 

1904, XXIV, 470. 



CIVIL CODE OF SOUTH CAROLINA. 19 

45. Certain Land in Town op MoultrieviT;Le, Charleston County — 
Reservations. — The right, title and interest of this State to, and the juris- 
diction of tliis State over, the following described tract or parcel of land, 
and land covered with water, situated in the town of Moultrieville, on Sul- 
livan's Island, in the County of Charleston, in this State, are hereby 
granted and ceded to the United States of America, for the enlargement of 
the military resef/ations on said island, to wit: All that tract and parcel 
of land, and land covered with water, on the eastern end of Sullivan 's Island 
aforesaid, lying to the south of the right of way of the Seashore Division of 
the Charleston Consolidated Railway, Gas and Electric Company, and east 
of the street known as Sixth Street, and of the same extended southward to 
low-water mark on the plan of Moultrieville, made by Lamble, surveyor, 
in 1899, and i-ecorded Book — , page — , R. M. C. office, Charleston County : 
Provided, That there is hereby reserved to this State a concurrent jurisdic- 
tion for the execution within said lands of all process, civil or criminal, 
lawfully issued by the courts of this State, and not incompatible with this 
cession : Provided, further, And the said grant is made subject to the fol- 
lowing reservations and exceptions, to wit: that such portion of the front 
beach of said Sullivan's Island included within the limits of said grant, as 
lies below a line drawn along said beach twenty (20) feet above high-water 
mark, and parallel thereto, shall be always open to the public as a footway 
and driveway, so that the public shall have the free and unobstructed right 
of passage by foot and carriage upon, over and across the same, subject to 
the right of the said United States Government to close and exclusively 
occupy the same, so far as the reservations in this proviso are concerned, 
at the following times and under the following circumstances, to wit : 

When Driveway May Be Closed. — 1. During hours of actual target 
practice in, over or upon the said portion of the said premises (during 
which time of closure, due and proper notice of the same shall be given to 
the public). 

2. During hours of actual military drill in, over and upon the said por- 
tion of the said premises, and 

3. During time of war. 

Grant Not to Cover Private Property. — The grant hereinbefore made 
is upon condition that the said grant shall not be effectual as to any portion 
of the premises embraced in the foregoing description in which any person 
or persons have now anj- right, title or interest, or upon which any person or 
persons now own, or have any structures or improvements, until the United 
States of America shall have compensated such person or persons for such 
right, title and interest, and for such building, structures and improve- 
ments, and acquired the title of such person or persons thereto. 

How Value Determined. — In case of the failure of the United States of 
America and any person interested as aforesaid or owner as aforesaid, to 
agree upon the proper compensation to be paid, as above provided, the 
United States of America is authorized to have the same determined by the 
verdict of a juiy, upon application by petition to the Court of Common 
Pleas of Charleston County, which court shall have exclusive jurisdiction 
of the same, and which petition shall be served as bj^ law a summons in a 



20 CIVIL CODE OF SOUTH CAROLINA. 

civil action in said court is required to be served, and the said cause shall 
be heard without delaj^ at a term of said court and under the direction of 
the presiding Judge thereof, and such determination shall be final and with- 
out appeal ; and upon the amount so found being paid, with all costs of the 
proceedings, if auy, the right and title of the parties shall vest in the United 
States of America. 

Streets and Eoads Vacated. — All streets, roads, rights of way and high- 
ways within said tract or parcel of land are vacated and discontinued from 
the time the said grant becomes effectual, saving such as are expressly 
excepted or reserved in this subdivision. 

1905, XXIV, 825. 

46. Certain Lands in MouIiTrieville, Charleston County — Reserva- 
tions AND Exceptions. — The right, title and interest of this State to and in, 
and the jurisdiction of this State over, the following described lands, situ- 
ated in the town of Moultrieville, on Sullivan's Island, in the County of 
Charleston, in this State, are herebj' granted and ceded to the United States 
of America for the enlargement of the military reservations on said island, 
to wit : All those pieces or parcels or tract of land, lying and being in the 
said town of Moultrieville, and comprising, not only the two lots designated 
by the letters "0" and "P" on a plan of Moultrieville compiled from 
official maps and surveys by H. S. Lamble, Civil Engineer, in April, 1902, 
and recorded July 15th, 1902, at page 189 of Plat Book D, in the office of 
the Register of Mesne Conveyances for the said County of Charleston (on 
which or a part of which said two lots "0" and "P" is located the Life 
Saving Station), but also the land of the same width as that of the said two 
lots together and extending in front of and from the said two lots down to 
mean low-water mark ; the said two lots " " and " P " together measuring 
two hundred (200) feet, more or less, from rear to front and two hundred 
and twenty-five (225) feet, more or less, in width, and butting and bound- 
ing northeastwardly on Patrick Street, nothwestwardly on Ion Street, 
southwestwardly on the lot designated by the letter " N " on said plan, and 
southeastwardly on Atlantic Street or the front beach: Provided, That 
there is herebj' reserved to this State a concurrent jurisdiction for the exe- 
cution upon or within said lands of all process, civil and criminal, lawfully 
issued by the courts of this State, and not incompatible with this cession : 
And provided, further, And the said grant is made subject to the following 
reservations and exceptions, to wit : That such portion of the front beach of 
said Sullivan's Island included within the limits of said grant as lies below 
a line drawn along said beach twenty (20) feet above high-water mark, and 
parallel thereto, shall be always open to the public as a footway and drive- 
way, so that the public shall have the free and unobstructed right of passage 
by foot and vehicle upon, over and across the same, subject to the right of 
the United States Government to close and exclusively occupy the same, so 
far as the reservations in this proviso are concerned, at the following times 
and under the following circumstances, to wit: (1) During hours of actual 
target practice in, over and upon the said premises (prior to which time of 
closure due and proper notice of the same shall be given to the public). 
(2) During hours of actual military drill in, over and upon the said prem- 
ises, and (3) During time of war. 



CIVIL CODE OF SOUTH CAKOLIXA. 21 

United States to Compensate Land Owners. — The grant herein and 
hereby before made is upon condition that it (the said grant) shall not be 
effectual as to any portion of the premises embraced in the foregoing 
description in or to which any person or persons have now any right, title 
or interest, or upon which any person or persons now o-«tii or have any build- 
ings, structures or improvements, until the United States of America shall 
have compensated such person or persons for such right, title and interest 
of such person or persons thereto or therein. 

Failure to Agree as to Compensation. — In case of the failure of the 
United States of America and any person interested as aforesaid or owner 
as aforesaid to agree upon the proper compensation to be paid as above 
provided, the United States of America is authorized to have the same 
determined by the verdict of a jury, upon application by petition to the 
Court of Common Pleas of Charleston County, which court shall have 
exclusive jurisdiction of the same, and which petition shall be served as by 
law a summons in a ci'sil action in said court is required to be served, and 
the said cause shall be heard without delaj' at a term of said court and imder 
the direction of the presiding Judge thereof, and such determination shall 
be final and without appeal ; and upon the amount so found being paid, 
with all costs of the proceedings, if any, the right, title and interest of such 
person or owner thereto and therein shall vest in the T.'^nited States of 
America. 

Streets and Roads Vacated. — All streets, roads, rights of way and high- 
ways within said lands are vacated and discontinued from the time this 
grant shall become effectual, saving such as are expressly excepted or 
reserved in this subdivision. 

1906, XXV, 19. 

47. Sites in Chester, Anderson and Greenwood. — The consent of the 
State of South Carolina is hereby given, in accordance with the 17th clause 
of the 8th Section of Article I, of the Constitution of the United States, to 
the acquisition by the United States, by purchase, condemnation, or other- 
wise, of the several lots or parcels of land in this State hereinafter men- 
tioned or described, to wit : 1. A site in the City of Chester for a postoffice 
or court house building, described as follows : Beginning at the north cor- 
ner of the intersection of Main and "Wylie streets, thence north 46 deg. 00 
min., west 130 feet along Wylie Street to west corner, thence north 44 deg. 
15 min., east 120 feet to north corner, thence south 46 deg. 00 min., east to 
east corner 127 feet and 5 inches to the east corner, thence north 44 deg. 40 
min., west 120 feet to the beginning corner, being the south corner of said 
lot, bounded by the said Main and Wylie streets and the lands of John J. 
Hemphill and G. Brown White. 2. A site in the City of Anderson for a 
postoffice building, at the northwest corner of North Main and a new street 
known as Federal Street, beginning at the intersection of the said streets 
and running along Federal Street south 79 deg., west 135 feet to corner on 
Federal Street, thence north 11 deg., west 150 feet to corner, thence north 
79 deg., east 135 feet to corner on Main Street, thence south 11 deg., east 150 
feet along Main Street to the beginning corner. 3. A site in the City of 
Greenwood for a postoffice building, described as follows: All and singular 
that certain lot or parcel of land, situate in the nortwestern corner of Main 



22 CIVIL CODE OF SOUTH CAROLINA 

and Oregon streets, of the city of Greenwood, County of Greenwood, South 
Carolina, containing thirty-five one-hundredths of an acre, and bounded 
north one hundred and twenty feet by lot of Mrs. C. T. Bailey; east one 
hundred and thirty feet by Main Street; soutn one hundred and twenty 
feet by Oregon Street ; and west one hundred and thirty feet by lot of Mrs. 
C. T. Bailey. 

Title Ceded. — The right, title and interest of this State to, and its juris- 
diction over, the said lots or parcels of land are hereby ceded to the United 
States of America : Provided, That the jurisdiction hereby ceded shall not 
vest until the United States shall have acquired the title to the said lands, 
by purchase, condemnation, or otherwise, and shall continue so long as the 
lands shall remain the property of the United States : And provided, fur- 
ther, That the State of South Carolina shall retain jurisdiction for the 
execution within said lands of all process, civil or criminal, lawfully issued 
by the authority of this State, and not incompatible with this cession. 

Exemption from Taxation. — The said lands, and all the buildings, and 
structures of every kind which may be erected thereon, shall be exempt 
from all State, county and municipal taxation, assessments, or other charges 
which may be levied or imposed under the authority of this State, so long 
as the same shall remain the property of the United States. 

1907, XXV, 634. 

48. Tracts in Charleston, Beaufort and Georgetov^tn Counties for 
Quarantine Purposes. — The right, title and interest of this State to, and 
the jurisdiction of this State over, the following described tracts of land, 
and land covered by water, situated in the Counties of Charleston, Beaufort 
and Georgetown, in this State, is hereby granted and ceded to the United 
States of America for the purposes of quarantine, to Avit : 

A. A Tract of Land on James Island and Buildings. — 1. A tract of 
land on James Island, Charleston Harbor, South Carolina, lying and being 
upon the easterlj'-, southerly and westerly sides of the land belonging to the 
United States Government and known as the Port Johnson Reservation, 
being ninety acres, more or less, and including the marsh land and tide 
flats east and south of said Fort Johnson Reservation to low-water line. 

2. The buildings now on said ninety-acre tract, consisting of one two- 
story frame house, about 40 ft. x 35 ft., known as the medical officers' 
quarters, with a 20 ft. x 11 ft. semi-detached kitchen and a one-story frame 
storehouse in the immediate vicinity, about 20 ft. x 10 ft. in size, and the 
lazaretto buildings, on Shell Point, consisting of a pest house, one-story, 
frame, 15 ft. x 30 ft. ; isolation hospital, one story, frame, 32 ft. x 20 ft., 
with a brick cistern in rear; keeper's house, one story, frame, 29 ft. x 36 ft., 
with 20 ft. X 12 ft. detached kitchen, and a small pri^y. 

B. Quarantine Station at Georgetown. — The Quarantine Station, at 
Georgetown, South Carolina, on South Island, entrance to Georgetown 
Harbor, consisting of five acres of land, more or less, a residence and out- 
buildings. 

C. Quarantine Station at Buzzard Island, Beaufort <'!ounty. — The 
Quarantine Station, on Buzzard's Island, at the entrance of St. Helena 



CIVIL CODE OF SOUTH CAROLINA. 23 

Sound, consisting of ten acres, more or less, officers' qiiarters, two hospital 
buildings, and quarters for crew. 

D. Quarantine Station at Paris Island, Beaufort County. — The 
Quarantine Station, on Paris Island, Port Royal Sound, consisting of fifteen 
acres, more or less, an ofiScer's residence, two hospitals and outbuildings. 

1907, XXV, 636. 

State Board op Health to Transfer Lands. — The State Board of 
Health shall, and it is hereby authorized and directed, to convey and trans- 
fer to the United States, all buildings and appurtenances upon, or apper- 
taining to said tract of land, and also all machinery, plant, boats, tools and 
other personal property used at or belonging to either or all of said quaran- 
tine stations, in consideration of a sum of money to be ascertained and fixed 
as follows : The value of the property to be assessed by a representative of 
the United States and the Chairman of the State Board of Health, or such 
person as he may appoint; and should these two differ, thej' shall have 
power to agree upon a third person, who shall act as arbitrator between 
the two. 

1908. XXV, 1132. 

49. Lot in Sumter. — The right, title and interest of this State to, and the 
jurisdiction of this State over, the following described lot or parcel of land 
are hereby granted and ceded to the United States of America, for the 
erection of a public building, to wit : That lot of land in the Citj^ of Sum- 
ter, County of Sumter, and State of South Carolina, situate on the south- 
eastern corner of Main and Caldwell streets, of said city, fronting and 
measuring on said Main Street one hundred and fifteen (115) feet, and on 
Caldwell Street one hundred and thirty (130) feet, and bounded on the 
north by said Caldwell Street ; on the east by land of C. G. Rowland and 
others ; on the south by land of C. G. Rowland and others ; and on the west 
by said Alain Street : Provided, That there is hereby reserved to the State 
of South Carolina concurrent jurisdiction for the execution within and 
upon the premises hereby granted of all processes, civil or criminal, law- 
fully issued by the courts of this State, not incompatible with this cession. 

1907, XXV, 638. 

50. Lot in Aiken. — The right, title and interest of the State of South 
Carolina to, and the jurisdiction of this State over, the following described 
lot or parcel of land are hereby granted and ceded to the United States of 
America, for the erection of a public building, to wit: All that certain 
piece, parcel or lot of land, situate, lying and being in the City of Aiken, 
in the countj' and State aforesaid, beginning at the southwest corner of 
Park Avenue and Laurens Street, running thence southerly with the west 
line of Laurens street one hundred and forty (140) feet; thence westerly 
at right angles with Laurens Street, one hundred and twenty (120) feet; 
thence northerly, parallel with Laurens Street, one hundred (100) feet, 
more or less; thence easterly with Park Avenue one hundred and twenty 
(120) feet, more or less, to the point of beginning. And has such forms, 
marks, courses and distances as is represented on a plat of the same, which 
is hereto attached, and made a part and parcel of this deed. 



24 CIVIL CODE OF SOUTH CAROLINA. 

Exclusive jurisdiction in and over the said lot or parcel of land, when 
acquired as hereinafter provided by the United States, shall be ceded to the 
United States for the purposes mentioned, except the service upon such sites 
of all civil and criminal jDrocess of the courts of this State ; but the juris- 
diction so ceded shall continue no longer than the United States shall own 
such piece of land. 

The jurisdiction ceded shall not vest until the United States shall have 
acquired the title thereto, by purchase from its owner, and so long as the 
said lot or parcel of land shall remain the propertj' of the United States 
when acquired as aforesaid, and no longer, the same shall be and continue 
exempt and exonerated from all State, county and municipal taxation, 
assessment, or other charges which may be levied or imposed under the 
authority of this State. 

1907, XXV, 638. 

51. Preamble to Grant op Certain Lands in Charleston Harbor to 
United States. — I. Whereas, By and under the Act of the General Assem- 
bly of the State of South Carolina, entitled "An Act to grant to the City 
Council of Charleston and its successors the title and interest of the State 
to certain lands in Charleston County for the purposes of a Naval Station, ' ' 
and approved the 8th day of February, A. D. 1901 (23d Volume of the 
Statutes at Large of South Carolina, page 607 ) , the right, title and interest 
of the State of South Carolina in and to the following described tract or 
parcel of land, and land covered with water, situated in the County of 
Charleston, in the State of South Carolina, was granted and ceded to the 
City Council of Charleston and its successors, to wit: "All that tract or 
parcel of land, and land covered with water, situate, lying and being on 
the west bank of Cooper River, in the County of Charleston, in this State, 
measuring and containing seven hundred and sixty acres, more or less, 
butting and bounding to the north by lands of Mrs. W. W. Lawton, and by 
the Cooper River, on the east by the Cooper River, on the south by Ship 
Yard Creek, and on the west by Ship Yard Creek, as is delineated on a map 
of the City of Charleston and vicinity, made by J. H. Dingle, City Sur- 
veyor, December, 1900," and so forth: 

And whereas. By virtue and in pursuance of and under the foregoing 
Act of the General Assembly of the State of South Carolina, and a Resolu- 
tion unanimouslj^ adopted by the said the City Council of Charleston on the 
14th day of May, A. D. 1901, and in consideration of the sum of one dollar, 
J. Adger Smyth, as Mayor of the City of Charleston, did (by deed, dated 
the 12tli day of August, A. D. 1901, and recorded on the 14th day of 
August, A. D. 1901, in the office of the Register of Mesne Conveyances for 
the said County of Charleston, at page 247 of Book X 23) convey in fee 
simple unto the LTnited States of America the above described tract or par- 
cel of land, and land covered with water, for the uses and purposes and in 
accordance with the limitations set forth in the above recited Act for the 
General Assembly of the State of South Carolina — and so forth — as will 
more fuU.y appear on reference to the said deed and plat and the said record 
thereof : 

II. And whereas. By virtue and in pursuance of and under a Resolution 
unanimously adopted by the said City Council of Charleston on the 14th 



CIVIL CODE OF SOUTH CAROLINA. 25 

daj' of May, A. D. 1901, and in consideration of thirty-four thousand two 
hundred and six dollars, J. Adger Smyth, as Mayor of the City of Charles- 
ton, did (by deed, dated the 12th day of August, A. D. 1901, and recorded 
on the 14th of August, A. D. 1901, in the ofBee of the said Register of Mesne 
Conveyances, at p. 245 of Book X 23) also convey in fee simple unto the 
United States of America all the right, title, interest and estate of the said 
City Council of Charleston in and to "All that certain piece, parcel and 
tract of land, containing one hundred and seventy-one three one-hundredths 
(171 3-100) acres, bounded north by Noisette Creek, on the east by Cooper 
River^on the south by lands of Cecilia Lawton, and on the west by other 
lands belonging to the said City of Charleston. The piece, parcel and tract 
of land hereby conveyed constitutes a portion of 'Chicora Pa,rk, ' and is 
specifically shown and designated on the plat of the same made by A. J. 
Menocal, Engineer, U. S. Navy, being wholly within the red lines laid down 
on the said plat — and so forth — as will more fully appear on reference to 
the said last mentioned deed and plat and the said record thereof: 

III. And whereas. In consideration of the sum of fifty thousand dollars, 
Cecilia Lawton did (by deed, dated the 12th day of August, A. D. 1901, 
and recorded on the 14th day of August, A. D. 1901, in the office of the said 
Register of Mesne Conveyances, at page 234, of Book X 23) also convey in 
fee simple unto the United States of America, ' ' All that certain piece, par- 
cel and tract of land, situate, l.ying and being in the said County of Charles- 
ton and State aforesaid, on the west bank of the Cooper River, measuring 
and containing two hundred and fifty-eight and eleven one-hundredths 
(258 and 11-100) acres, more or less, bounded on the north by lands of the 
said City of Charleston, known as 'Chicora Park,' on the east by Cooper 
River, on the south by land of Mappus, J. C. H. Claussen aiid the Old 
Clement's Ferry Road and a body of marsh land, and on the south by 
other lands of the said Cecilia Lawton; the land hereby conveyed being a 
portion of a certain plantation or tract of land conveyed to the said Cecilia 
Lawton by Gabriel B. Manigault, by his deed of conveyance bearing date 
the 2d of December, A. D. 1880, and having such courses, distances, metes, 
bounds and shape as is represented on a plat thereof made by A. J. Men- 
ocal. Engineer, United States Na^y, and is fidly delineated by and confined 
within the red lines of said plat, and including all the right, title and 
interest of the said Cecilia Lawton in and to the body of marsh land of 
ninety (90) acres, more or less, which she, the said Cecilia Lawton, took by 
virtue of said conveyance to her by Gabriel Manigault, as well as any claim 
or interest she, the said Cecilia Lawton, may have or could have in and to 
any portion of a body of marsh land ceded by the State of South Carolina 
to the City Council of Charleston by the Act of the General Assembly, 
approved February 8th, A D. 1901" — and so forth — as will more fully 
appear on reference to the said last mentioned deed and plat and the said 
record thereof: 

IV. And whereas. In consideration of the sum of one thousand dollars, 
Maria D. Winthrop did (by deed, dated the 21st day of March, A. D. 1902, 
and recorded on the day of , A. D. 1902, in the office of the Reg- 
ister of Mesne Conveyances for the County of Berkeley, in the State of 
South Carolina, at page — , of Book — ) also convey in fee simple unto 



^^4*Xi%«Aft*A>»>8A.<BA:>'%«i.**|'^ 




j^/^^n-^fk^^^V : 



26 CIVIL CODE OF SOUTH CAROLINA. 

the United States of America "All that piece, parcel or tract of marsh land, 
containing nine hundred and thirty-seven acres, more or less, situate, lying 
and being- in the Parish of St. Thomas, in the County of Berkeley and State 
aforesaid, on the east side of Cooper River, according to a svirvey made for 
the purpose of this conveyance by J. H. Dingle, Surveyor — the said land 
being bounded on the south and west by the said Cooper River, on the east 
by Clouter's Creek and Broad Creek, and on the north by a similar tract 
of marsh land, now the property of this grantor, and being the southern- 
most portion of a body of marsh land originally granted by the State of 
South Carolina to Charles Parker by its grant, dated November 3d, 1845" 
— and so forth — as will more fully appear on reference to the said last 
mentioned deed and plat and the said record thereof : 

V. And whereas. By virtue and in pursuance of and under a resolution 
unanimously adopted by the said City Council of Charleston on the 12th 
day of July, A. D. 1902, and in consideration of the sum of nineteen thou- 
sand three hundred dollars, J. Adger Smyth, as Mayor of the City of 
Charleston, did (by deed, dated the 20th of November, A. D. 1902,' and 
recorded on the 21st day of November, A. D. 1902, in the office of the said 
Register of Mesne Conveybuces for Charleston County, at page 30, of Book 
F 24) also convey in fee simple unto the United States of America, "All 
that certain piece, parcel and tract of land, situate, lying and being in the 
County of Charleston, in the State of South Carolina, westward of and 
adjoining the United States Navy Yard, and containing ninety-six and one- 
half (96.5) acres, more or less, and having such shape, metes, marks, bounds, 
dimensions and distances as is represented on a plat thereof made by J. W. 
G. Walker, Civil Engineer, United States Navy, on the 9th day of Septem- 
ber, A. D. 1902" — and so forth — as will more fully appear on reference to 
the said last mentioned deed and plat and the said record thereof : 

VI. And whereas, By virtue and in pursuance of and under the Act of 
Congress, entitled "An Act making appropriations for the naval service 
for the fiscal year ending June 30, 1904, and for other purposes," and 
approved March 3, 1903, and in consideration of the sum of eight dollars 
and thirty-nine cents, the United States of America, through the Secretary 
of the Navy of the United States, did (by deed, dated the 16th day of 
April, A. D. 1903, and recorded on the 20th day of April, A. D. 1903, in 
the office of the said Register of Mesne Conveyances for Charleston County, 
at page 156 of Book F 24) reconvey in fee simple unto the said the City of 
Charleston, "All that certain piece, parcel and tract of land, situate, lying 
and being in the said County of Charleston and State aforesaid, on the 
south bank of Noisette Creek, containing one thousand eight hundred and 
twenty-six and seven-tenths square feet, more or less, and bounded as fol- 
lows, that is to say : On the north by Noisette Creek, on the southeast by a 
line running in continuation of the northwestern boundary line of the 
()resent Naval Hospital tract from the point where said line intersects the 
western boundary line of the Navy Yard tract to said creek, on the south- 
west by the present western boundary line of the Navy Yard tract, from 
the point where said line is intersected by the northwestern boundary line 
of the Naval Hospital tract to said creek, as shown approximately on plat 
appended hereto" — and so forth — as will more fully appear on reference 
to the said last mentioned deed and plat and the said record thereof : 



CIVIL CODE OF SOUTH CAROLINA. 27 

VII. And whereas, The State of South Carolina, in all cases in which 
grants of lands have been made by the State directly by and under Acts 
of her General Assembly unto the United States of America, hath also in 
such grants ceded to the United States of America the State's jurisdiction 
over the lands granted ; therefore, 

1907, XXV, 548. 

State Jueisdictiox Over Certain Lands in Charleston County 
Granted and Retained. — The jurisdiction and control of the State of South 
Cai-olina in and over the several above described pieces, parcels and tracts 
of land and land covered with water (less and other than the above 
described 1,826.7 square feet, more or less, recouveyed by the United States 
of America to the State of South Carolina, on the 16th day of April, A. D. 
1903, as aforesaid) are hereby granted and ceded to the United States of 
America : Provided, That such jurisdiction and control are hereby granted 
and ceded upon the express condition that the State of South Carolina 
retain and shall retain jurisdiction (concurrent with that of the United 
States of America hereunder) in and over the said pieces, parcels and tracts 
of land and land covered with water (less and other than the said 1,826.7 
square feet, more or less) so far as that civil process and writs in all cases 
not affecting the real and personal propert}- of the United States of America, 
and any and all criminal or other process and writs lawfully issued in the 
name and under the authority of the State of South Carolina against any 
person or persons charged with crimes, felonies, or misdemeanors, committed 
against the peace and dignity of the State within and without the limits of 
the said pieces, parcels and tracts of land and land covered with water 
(less and other than the said 1,826.7 square feet, more or less), and not 
incompatible with the cession, may be executed at any and all times within 
the limits of the said pieces, parcels and tracts of land and land covered 
with water (less and other than the said 1,826.7 square feet, more or less) 
in the same manner, and may as if no jurisdiction had been hereby granted 
and ceded. 

The said pieces, parcels and tracts of land and land covered with water 
(less and other than the said 1,826.7 square feet, more or less) so long as 
the same shall be and remain the property of the United States of America, 
and shall be used for the purposes for which they have been heretofore 
granted and conveyed as aforesaid, shall be and continue wholly exempt 
and exonerated from and of any and all taxes and assessments and other 
charges whatsoever which might otherwise be imposed by and under the 
authority of the State of South Carolina. 

1907, XXV, 548. 

52. Consent Given to United States to Acquire Lands. — The consent 
of the State of South Carolina is hereby given, in accordance with the 
seventeenth clause, eighth Section of the first Article of the Constitution of 
the United States, to the acquisition by the United States, by purchase, con- 
demnation, or otherwise, of any land in this State required for sites for 
custom houses, court houses, postoffices, arsenals, or other public buildings 
whatever, or for any other purposes of the government. 



28 CIVIL CODE OF SOUTH CAROLINA. 

Exclusive Jurisdiction Over Land Acquired Ceded to United States. 
— Exclusive jurisdiction in and over any land so acquired by the United 
States shall be, arid the same is hereby, ceded to the United States for all 
purposes except the ser^dce upon such sites of all ci^dl and criminal process 
of the courts of this State ; but the jurisdiction so ceded shall continue no 
longer than the said United States shall own such lands. 

Jurisdiction Not to Vest Until Title Acquired. — The jurisdiction 
ceded shall not vest until the United States shall have acquired the title to 
said lands hy purchase, condemnation or otherwise ; and so long as the said 
land shall remain the property of the United States, when acquired as 
aforesaid, and no longer, the same shall be and continue exempt and exon- 
erated from all State, county and municipal taxation, assessment or other 
charges which may be levied or imposed under the authority of this State. 
1908, XXV, 1127. 

53. Lands in Town of Moultrieville, Charleston County. — The right, 
title and interest of this State to and in, and the jurisdiction of this State 
over, the following described lands, situated in the town of Moultrieville, on 
Sullivan's Island, in the County of Charleston, in this State, are hereby 
granted and ceded to the United States of America for the enlargement of 
the military reservations on said island, to wit : All those pieces or parcels 
or tract of land, lying, being in the said town of Moultrieville, shown on a 
plan of Moultrie^dlle compiled from official maps and surveys by H. S. 
Lamble, Civil Engineer, in April, 1902, and recorded July 15, 1902, at page 
189 of Plat Book D, in the office of the Register of Mesne Conveyances for 
the said County of Charleston, comprising all the land lying to the west- 
ward of the United States Government Reservations at Old Fort Moultrie, 
and contained between these reservations on the east and the town lots 
Numbers 73, 74 and 77 on the west, embracing lots Numbers 78, 79 and 80, 
the Town Hall lot, portions of West Fort Street, Main Street and Middle 
Street, and marsh lands to the north of lot 78, more particularly described 
as follows : Beginning at low-water mark in the cove on the north side of 
Sullivan's Island at the northwest corner of United States Government 
Reservation and extending approximately south 21 degrees, 35 minutes, 
west 1,170 feet, following the west line of said United States Government 
Reservation to the western corner of the same, to the north of Middle 
Street ; thence approximately south 52 degrees, 15 minutes, west 65 feet to 
the corner stone at the northwest corner of the Old Fort Moultrie Reserva- 
tion ; thence following the boundaries of this reservation approximately 
south 17 degrees, west 126 feet to a corner stone, approximately north 75 
degrees, west 82.4 feet to a corner stone, and approximately south 15 
degrees, 30 minutes, west 580 feet to low-water line on the south or ocean 
side of Sulliva.n "s Island : thence westward along the low- water line approxi- 
mately 100 feet to the extension of the west line of West Fort Street : thence 
along the west line of said West Fort Street approximately north 12 degrees, 
30 minutes, east 695 feet to the southeast corner of Lot 74 : thence approxi- 
mately south 77 degrees, 30 minutes, east 80.8 feet along Middle Street to 
the eastern corner of the public square; thence approximately north 6 
degrees, east 90 feet to the southeast corner of Lot No. 73 on West For+ 
Street; thence along the west side of West Fort Street and its extension 



CIVIL CODE OF SOUTH CAROLINA. 29 

northward approximately north 12 degrees, 30 minutes, east 1,030 feet to 
low-water mark on the cove or north side of Sullivan's Island; thence along 
low-water mark eastward to the original point of beginning: Provided, 
That the portions of the streets and avenues within the tract herein ceded 
shall be forever kept open as public streets ; and this cession shall in no wa.y 
interfere with the private rights of any franchise heretofore legally 
granted, with reference to Middle Street and Central Avenue: And pro- 
vided, further, That there is hereby reserved to this State a concurrent 
jurisdiction for the execution upon or within said lands of all process, civil 
and criminal, lawfulh^ issued by the courts of this State, and not incompati- 
ble with this cession. 

Condition of Grant. — The grant hereinbefore made is upon condition 
that it shall not be effectual as to anj^ portion of the premises embraced in 
the foregoing description, in or to which any person or persons have now 
any right, title or interest, or upon which any person or persons now own 
or have any buildings, structures or improvements, until the United States 
of America shall have compensated such person or persons for such right, 
title and interest, and for such buildings, structures and improvements, and 
shall have acquired the right, title and interest of such person or persons 
thereto or therein. 

1908, XXV, 1130; 1909, XXVI, 180. 

Certain Streets Also Ceded. — The streets and avenues between the east 
and west lines of the original reservation of Fort Moultrie, as said reserva- 
tion existed on January 1, 1894, are hereby granted and ceded to the United 
States of America, subject to the same provisos and conditions as are con- 
tained in this subdivision. 

Method of Condemnation. — In case of the failure of the United States 
of America, and any person interested as aforesaid, or owner as aforesaid, 
to agree upon the proper compensation to be paid, as above provided, the 
United States of America be, and herebj- is, authorized to have the same 
determined by the verdict of a jui-y, upon application by petition to the 
Court of Common Pleas of Charleston County, which court shall have exclu- 
sive jurisdiction of the same, and which petition shall be served as by law 
a summons in a civil action in said court is required to be served; and the 
said cause shall be heard, without delay, at a term of said court, and under 
the direction of the presiding Judge thereof, and such determination shall 
be final and without appeal; and upon the amount so found being paid, 
with all costs of the proceedings (if any), the right, title and interest of 
such person or owner thereto and therein shall vest in the United States 
of America. 

1909, XXVI, 180. 

54. Lands in Moultrieville, Sullivan's Island, Charleston County. 
— That the right, title and interest of this State to, and the jurisdiction of 
this State over, those parts or portions of the following described tract or 
parcel of land, and the land covered with water, situated in the town of 
Moultrieville, on Sullivan's Island, in the County of Charleston, in this 
State, not hei-etofore granted to the United States, be, and the same are 
hereby, granted and ceded to the United States of America, as sites for the 



30 CIVIL CODE OF SOUTH CAROLINA. 

location, construction and prosecution of works of fortifications and coast 
defenses, and uses of the garrison, and for the enlargement of the military 
reservation on said island, and generally for any military purpose whatso- 
ever, to wit: All that tract and parcel of land, and land covered with 
water, bounded as follows : Beginning at a point on the prolongation or 
extension, in a northerly direction of the westerly line of Pettigru Street, 
as laid down on the plan of the said town of Moultrieville, made by H. S. 
Lamboll in 1902, on the back beach, and one hundred yards beyond high- 
water line; thence in an easterly direction following the meanderings or 
indentations of a line one hundred yards beyond said high-water line to the 
intersection of the prolongation or extension in a northerly direction of the 
western line of Frost Street; thence in a southerly direction along said 
prolongation or extension of the said westerly line of Frost Street, along 
said westerly line of Frost Street, and along the prolongation or extension 
in a southerly direction of said westerly line of Frost Street to a point one 
hundred yards below low-water line in the sea; thence in a westerly direc- 
tion following the meanderings or indentations of a line in the sea one 
hundred yards beyond low-water line to its intersection with the prolonga- 
tion or extension, in a southerly direction, of the western side of Pettigru 
Street ; thence in a northerly direction along said prolongation or extension 
of the western side of Pettigru Street, and along said western side of Pet- 
tigru Street in a northerly direction and along the prolongation or exten- 
sion, in a northerh^ direction of the western line of said Pettigru Street, to 
the place of beginning : Provided, That the portion of Central Avenue and 
East Middle Street herein ceded shall be forever kept open as public streets ; 
and this cession shall in no way interfere with any private rights, or any 
franchises heretofore legally granted with reference to said Central Avenue 
and East Middle Street: And provided, further. That this State reserves 
the right to authorize the laying and maintaining of tracts for railroad or 
traction purposes on and across the portions of Central Avenue and East 
Middle Street ceded, or on lands contiguous thereto, and lying within 
fifteen feet of the same. Also, all that piece, parcel or tract of land, and the 
wharf or wharves thereon, being situate on the extreme western end of said 
Sullivan 's Island, formerly owned by the Charleston Consolidated Railway, 
Gas & Electric Company, and now the property of the Charleston Isle of 
Palms Traction Company, being wharf sites One (1), Two (2), and Four 
(4), and also the lot or wharf site number Three (S), between wharf sites 
Two and Four aforesaid, as per plat made by Louis Y. Dawson, Engineer, 
November 29, 1912, being traced from a plat of Sullivan's Island by Wil- 
liam Hume, dated July, 1871, and such other propertv in the neighborhood 
thereof and contiguous thereto as may be needed by the United States Gov- 
ernment for the purposes as hereinabove set forth : Provided. That there 
is hereby reserved to this State a concurrent .jurisdiction for the execution 
within said lands of all process, civil or criminal, lawfully issued by the 
courts of this State, and not incompatible with this cession: Provided, 
further, And the said grant is made subject to the following reservations 
and exceptions, to wit : That such portion of the front beach of said Sulli- 
van 's Island included within the limits of said grant, as lies below a line 
drawn along said beach twenty (20) feet above high-water mark, and 
parallel thereto, shall be always open to the public as a footway and drive- 



CIVIL CODE OF. SOUTH CAROLINA. 31 

way, so that the public shall have the free and unobstructed right of pas- 
sage by foot and carriage upon, over and across the same, subject to the 
right of the United States Government to close and exclusively occupy the 
same, so far as the reservations in this pro^dso are concerned, at the follow- 
ing times and under the following circumstances, to wit: 1. During hours 
of actual target practice in, over and upon the said portion of the said 
premises (during which time of closure, due and proper notice of the same 
shall be given to the public). 2. During hours of actual military drill in, 
over and upon the said portion of the said premises, and 3. During time 
of war. 

2. Compensation Required Wheke Private Property Desired. — The 
grant hereinbefore made is upon condition that the said grant shall not be 
effectual as to any portion of the premises embraced in the foregoing 
description in which any person or persons have now any right, title, or 
interest, or upon which any person or persons now own, or have any 
structures or improvements, until the United States of America shall have 
compensated such person or persons for such right, title and interest, and 
for such building, structures and improvements, and acquired the title of 
such person or persons thereto. 

3. How Compensation Determined. — In case of the failure of the 
United States of America and any person interested as aforesaid or owner 
as aforesaid to agree upon the proper compensation to be paid, as above 
provided, the United States of America is authorized to have the same 
determined by the verdict of a jury, upon application by petition to the 
Court of Common Pleas of Charleston County, which court shall have 
exclusive jurisdiction of the same, and which petition shall be served as by 
law a summons in a civil action in said court is required to be served, and 
the said cause shall be heard without delay at a term of said court and 
under the direction of the presiding Judge thereof, and such determination 
shall be final and without appeal; and upon the amount so found being 
paid, with all costs of the proceedings, if any, the right and title of the 
parties shall vest in the United States of America. 

4. Streets Vacated. — Be it further enacted. That all streets, roads, 
rights of way and highways within said tracts or parcels of land are 
vacated and discontinued from the time the said grant becomes effectual by 
the United States Government acquiring the property aforesaid as herein 
provided, sa^dng such as are expressly excepted or reserved in this Act. 

1916, XXIX, 782. 

55. Certain Lands on SuUivan's Island, in Charleston County, Ceded 
to the United States — Concurrent Jurisdiction and Rights of Occupants 
Reserved — Condemnation — Certain Ways Reserved. — Be it enacted by the 
General Assembly of the State of South Carolina : That the right, title and 
interest of this State in and to, and the jurisdiction and control of this 
State over the following described tract or parcel of land situated in the 
town of Moidtrieville, on Sullivan's Island, in the County of Charleston, 
in this State, be, and the same hereby is, granted and ceded to the United 
States of America for the purpose of affording a clear field of view from 



32 CIVIL CODE OF SOUTH CAROLINA 

the fire control stations pertaining to the defenses at Fort Moultrie, and 
for such other purposes as shall render its use needful or desirable in con- 
nection Avith the works of fortification and coast defenses at Fort Moul- 
trie established by the United States upon Sullivan's Island, to wit: All 
that tract or parcel of land bounded as follows : Beginning at the south- 
east corner of the main United States Government Reservation on 
Sullivan's Island, South Carolina, said point being located on the exten- 
sion of the west line of Pettigru street in the town of Moultrieville, Sul- 
livan's Island, South Carolina, one hundred yards to seaward from low 
water line in the Atlantic Ocean (wherever such low water line may now 
or hereafter be) thence northerly along the easterly boundary of said 
United States Government Reservations (said boundary line being the 
west line of said Pettigru street) to a point in the line with the southerly 
boundary of lots M, N, and P, as shown on the Lamble map, recorded 
in the office of the Register of Mesne Conveyance July 15, 1902, in Plat 
Book "D"; thence easterly along said southerly boundary of said lots 
M, N^ O, and P, to the east side of Patrick street, a distance of 500 feet, 
more or less ; thence southerly along the west boundary of lot Q, shown on 
said Lamble map, a distance of 150 ft., more or less ; thence easterly along 
the southerly boundary of lots Q, R, S, and T,~ shown on above mentioned 
Lamble map, crossing Wharf street, to the U. S. Government Reservation, 
known as Thomson Reservation, a distance of 490 feet, more or less; 
thence southerlj^ along the boundarj^ of said Thomson Reservation to a 
point one hundred yards to seaward from low water line in the Atlantic 
Ocean (wherever such low water line may now and hereafter be) ; thence 
westerly along a line in the Atlantic Ocean at all points one hundred 
j^ards to seaward from low water line (wherever such low water line may 
now and hereafter be) to a point of beginning ; now containing in all, above 
low water line, eleven acres, more or less : Provided, That there is hereby 
reserved to this State a concurrent jurisdiction for the execution within 
said land of all process, civil or criminal, lawfully issued by the Courts 
of the State and not incompatible with this cession. The grant herein- 
before made is upon condition that the said grant shall not be effectual 
as to any portion of premises embraced in the foregoing description in 
which any person or persons have now any right, title or interest, or upon 
which any person or persons now own or have any structures or improve- 
ments, until the United States of America shall have compensated such 
person or persons for such right, title and interest, and for such buildings, 
structures and improvements, and acquired the title of such person or per- 
sons thereto. In case of the failure of the United States of America and 
any persons interested as aforesaid, or owner as aforesaid, to agree upon 
the proper compensation to be paid as above provided, the United States of 
America is authorized to have the same detei-mined by the verdict of a 
jury, upon application by petition to the Court of Common Pleas for 
Charleston County, which shall have exclusive jurisdiction of the same, 
and which shall be served as by law a summons in civil action in said 
Court is required to be served, and the same shall be heard without delay 
at a term of said Court, and under tlie direction of the presiding Judge 
thereof, and sucli determination shall be final and without appeal, and 



CIVIL CODE OF SOUTH CAROLINA. 33 

upon the amount so found being paid, with all costs of the proceedings, 
if any, the right and title of the parties shall vest in the United States of 
America : Provided, further, And the said grant is made subject to the 
following reservation and exception, to wit : That such portion of the 
front beach of said Sullivan's Island included within the limits of said 
grant, as lies below a line drawn along said beach twenty (20) feet above 
high water mark and parallel thereto, shall be always open to the public 
as a footway and driveway, so that the public shall have the free and un- 
obstructed right of passage by foot and carriage upon, over and across 
the same, subject to the right of the said United States Government to close 
and exclusively occupy the same, so far as the reservations in this proviso 
are concerned at the following times and under the following circum- 
stances, to wit: 

1. During the hours of actual target practice in, over and upon the said 
portion of the said premises (during which time of closure due and 
proper notice of the same shall be given to the public). 

2. When deemed necessary during time of war: Provided, further, 
That all streets and avenues now marked and indicated on the said Plat 
of Lamble, and the extensions thereof, on and over the ceded territory, 
be forever kept open and unobstructed as highways for the passage of the 
public to and from the beach and other portions of Sullivan's Island, and 
more particularly the extension of Atlantic street from lot " Q " westward 
to the main Government Reservation and the extension of Bayonne ave- 
nue eastward from the extension of Patrick street to the extension of 
Wharf street, and thence by a line parallel with the north line of the 
proposed ceded territory to the west line of said Thomson Reservation. 

1921, XXXII, 181. 

(5) § 5. Land May Be Purchased by United States for Arsenals and 
Magazines. — The United States, or such person or persons as may be by 
them authorized, shall have a i-ight to purchase, in any part of this State 
that may be thought most eligible, the fee simple of any quantity of land, 
not exceeding two thousand acres, for the purpose of erecting arsenals and 
magazines thereon. 

Civ. '12, § 5; Civ. '02, § 4; G. S. 4; R. S. 4; 1795, V, 260, § 1. 

(6) § 6. If Parties Cannot Agree, Land to Be Valued. — If the person or 
persons whose land may be chosen for the above mentioned purpose, should 
not be disposed to sell the same, or if the persons appointed to make the pur- 
chase should not be able to agree upon terms with such owner or owners of 
the said land, the same shall be valued, upon oath, by a majority of persons 
to be appointed by the Court of Common Pleas of the county where such 
land is situated for that purpose ; and the land shall be vested in the United 
States, upon their paying the amount of such valuation to the owner or 
owners of such lands. 

Civ. '12, § 6; Civ. '02, § 5; R. S. 5; 179.5, V, 260, § 2. 
In re Eugheimer, 36 Fed. Eep. 369, 374. 

(7) § 7. Concurrent Jurisdiction Retained by the State. — The said land, 
when purchased, and every person and officer residing or empolyed thereon,, 
whether in the service of the United States or not, shall be subject and liable 



34 CIVIL CODE OF SOUTH CAROLINA. 

to the Government of this State, and the jurisdiction, laws, and authority 
thereof ; that the United States shall exercise no more authority or power, 
within the limits of the said land, than they might have done before 
acquiring- the same, or than may be necessary for the building, repairing, or 
internal government of the arsenals and magaziiies thereon to be erected, 
and the regulation and the management of the same, and of the officers and 
persons by them to be employed in or about the same : Provided, always, 
That the said land shall forever be exempt from any taxes to be paid to 
this State. 

Civ. '12, § 7; Civ. '02, § 6; G. S. fi; 179.5, V, 260, § 3. 

(8) § 8. Land for Public Uses of United States. — Whenever it shall be 
made to appear to any one of the Circuit Courts of this State, upon the 
application f any aiithrized agent of the United States, that the said 
United States are desirous of purchasing any tract of land, and the right of 
way thereto, within the limits of this State, for the public uses of the said 
United States, and that the owner or owners of said lands are unknown, 
nonresidents or minors-, or from any other cause are incapable of making a 
perfect title to said lands : or in case the said owners, being residents and 
capable of conveying, shall, from disagreements in price, or any other cause 
whatever, refuse to convey the said lands to the United States, the presiding 
Judfife of the said Court shall order notice of said application to be pub- 
lished in some newspaper nearest to where the said lands lie, also in one 
newspaner published in the City of Columbia, once in each week for the 
space of three weeks, which notice shall contain a general description of the 
said lands, together with the names of the owners or supposed owners, and 
shall rermire all persons interested in the said lands to come forward, on a 
day to be specified in said notice, and file their ob.jections, if any they should 
have, to the proposed purchase ; and at the time specified in said notice the 
said Coiirt shall empanel a .iury in the manner now provided by law, to 
assess the value of the said lands at their fair market value, and all dam- 
ages sustained by the owner of the lands so appropriated by reason of such 
appropriation, which amount, when so assessed, together with the entire 
cost of said proceedings, shall be paid into the county treasury of said 
county in which said proceedings are held ; and thereupon the Sheriff of the 
said county, upon the production of the certificate of the Treasurer of said 
county that the said amunt has been paid, shall execute to the United 
States, and deliver to their authorized agent, a deed of the said lands, recit- 
ing the proceedings in said cause, which said deed shall convey to the said 
United States a good and absolute title to the said lands against all persons 
whomsoever. The money so paid into the county treasury shall there 
remain until ordered to be paid out by a court of competent .iurisdiction. 
The Judge directing the money to be paid to a county Treasurer, in accord- 
ance with the provisions of this Act, shall require of such Treasurer a bond 
in double the amount of monej^ so ordered to be paid by him, with two or 
more sufficient sureties, to be approved by said Judge. Said bonds shall 
be payable to the State of South Carolina, for the use and benefit of such 
persons, severallj^, as are entitled to said money. Said bond shall be exe- 



CIVIL -CODE OF SOUTH CAROLINA. 35 

cuted and approved and filed with the Clerk of said court before receiving 
said money. In all cases of publication of notice under this Section, the 
court shall require the same proof as in cases of publication of notice in 
civil cases. 

Civ. 1912, § 8; Civ. "02, § 7; G. S. T; R. S. 7; 1872, XV, 308; 1904, XXIV, 386; 1917, 

XXX, 41. 

Acquiring land for lighthouse, etc., by United States. 
In re Rugheimer, 36 Fed. Rep. 369, 374. 

(9) § 9. Submarine Sites for Light Houses and Other Aids of Naviga- 
tion. — AVhenever the United States desire to acquire title to land belong- 
ing to the State and covered by the navigable waters of the United States, 
within the limits thereof, for the site of a light house, beacon, or other aid to 
navigation, and application is made by a dulj'' authorized agent of the 
United States, describing the site required for one of the purposes afore- 
said, then the Governor of the State is authorized and empowered to convey 
the title to the United States, and to cede to the said United States ."juris- 
diction over the same : Provided, No single tract shall contain more than 
ten (10) acres, and that the State shall retain concurrent jurisdiction so 
far that all process, civil or criminal, issuing under the authority of the 
State, may be executed by the proper officers thereof upon any person or 
persons amenable to the same within the limits of land so ceded, in like 
manner and to like effect as if this Section had never been enacted. Any 
person or persons who shall moor any vessel, scow, boat, or raft, to any 
bouy, or beacon, or floating guide, placed by the United States Light House 
Board in the navigable waters of this State, or who shall, in any manner, 
make fast thereto any vessel, boat, scow, or raft, and any person or persons 
who shall wilfully destroy, injure, or remove any such beacon or guide, 
shall forfeit and pay a sum not exceeding one himdred dollars, or be impris- 
oned in the common jail not exceeding three months. Said forfeitures may 
be recovered by an action of tort, complaint, or indictment before any court 
competent to tr.y the same ; one-half accruing to the informer or comi^lain- 
ant, and the other half to the county in which the trial shall be had. 

Civ. '12, § 9; Civ. '02, § 8; G. S. 8; R. S. 8; 1874, XV, 790. 

(10) § 10. Nature, Extent and Accrual of United States Jurisdiction 
Over Lands Acquired. — The jurisdiction of the State of South Carolina 
is hereby ceded to the United States of America over so much land as is 
necessary for the public purposes of the United States : Provided, That the 
jurisdiction hereby ceded shall not vest until the United States of America 
shall have acquired the title to the lands, by grant or deed, from the owner 
or owners thereof, and the evidences thereof shall have been recorded in the 
office, where, by law, the title to such land is recorded ; and the United 
States of America are to retain such jurisdiction so long as such lands shall 
be used for the purposes aforementioned, and no longer; and such juris- 
diction is granted upon the express condition that the State of South Caro- 
lina shall retain a concurrent jurisdiction with the United States in and 
over the said lands, so far as that civil process, in all cases not affecting the 
real or personal property of the United States, and such criminal or other 
process as shall issue under the authority of the State of South Carolina, 
against any person or persons charged with crimes or misdemeanors com- 



36 CIVIL CODE OF SOUTH CAROLINA. 

mitted within or without the limit of the said lands, may be executed 

therein, in the same way and manner as if no jurisdiction had been thereby 

ceded. 

Civ. '12, § 10; Civ. '02, § 9; G. S. 9; R. S. 9; 1871, XIV, 535, § 1. 

■ Act Cong. Feb. 9, 1887, making appropriation for erection of public building at Charleston, 
S. C, provides that no part of appropriation shall be expended until title to site for building shall 
be vested in United States, nor until South Carolina shall cede to United States jurisdiction over 
site. Held, that provision that jurisdiction shall not vest until United States shall have acquired 
title to lands bv gi-.int or deed, etc.. need not be fulfilled before appropriation could be used to pay 
for land, but that former act contemplated that delivery of deed and payment of consideration should 
be contemporaneous acts. In re Rugheimer, 36 Fed. Rep. 369. 

(11) § 11. Lands Exempt from State Taxation. — All lands and tenements 
which may be granted, as aforesaid, to the United States, shall be and con- 
tinue, so long as the same shall be used for the purposes in the last Section 
mentioned, exonerated and discharged from all taxes, assessments, and 
other charges which may be imposed under the authority of the State of 
South Carolina. 

Civ. '12, § 11; Civ. '02, § 10; G. S. 10; R. S. 10; 1871, XIV, 536, § 2. 

(12) § 12. Acquisition of Land by United States for National Forest 
Reserve. — The consent of the State of South Carolina be, and is hereby, 
given to the acquisition by the United States, by purchase or gift, or by 
condemnation according to law, of such forest lands or such other property 
as it may acquire by purchase, or deed, or otherwise, in this State, as, in the 
opinion of the Federal Government, may be needed for the establishment 
of such national forest reserve in that region: Provided, That the State 
shall retain a concurrent jurisdiction with the United States in and over 
such lands so far that civil process in all eases, and such criminal process 
as may issue under the authority of the State against any person charged 
with the commission of any crime without or within said jurisdiction, may 
be executed thereon in like manner as if this Act had not been pas.sed. 
Power is hereby conferred upon Congress to pass such laws as it may deem 
necessary to the acquisition, as hereinbefore pro-^ided for incorporation in 
said national forest reserve, such forest-covered lands Ijang in the State as, 
in the opinion of the Federal Government, may be needed for this purpose : 
Provided, "That unless the consent of the owner of said land had and 
obtained then," nothing herein contained shall be construed as giving the 
right to condemn any building, dwelling house or cultivated or pasture 
land. Power is hereby conferred upon Congress to pass such laws, and to 
make or pro^dde for the making, of such rules and regulations of both civil 
and criminal nature, and provide punishment for "violation thereof, as, in 
its judgment, may be necessary for the management, control and protec- 
tion of such lands as may be from time to time acquired by the United 
States imder the provisions of this Act. 

Civ. 1912, § 12; Civ. '02, § 11; XXIII, 609; Ex. Sess. 1914, XXIX, 1; 1915, XXIX, 63. 

(13) § 13. Assent of This State Given to Act of Congress. — The assent of 
this State is hereby given to the purposes and provisions of an Act of Con- 
fer agricultural experiment stations and regulating the expenditure 
gress entitled "An Act to provide for an increased annual apjjropriation 
thereof," approved March 16, 1906. 

Civ. '12, § 13; 1909, XXVI, 122. 



CIVIL CODE OF SOUTH CAROLINA. 37 

CHAPTER II. 

The General Assembly. 

Article 1. General Provisions, 37. 

Article 2- Claims Against the State, 41. 

Article 3. Introduction of Measures for Private Purposes, 42. 

Article 4. Special Provisions as to Legislative Enactments, 44. 

ARTICLE I. 

General Provisions. 

(14) § 1. Apportionment of Representatives. — Until the next appor- 
tionment the representation of the several counties in the House of Repre- 
sentatives shall be as follows : Abbe^dlle two, Aiken three, Allendale one, 
Anderson six, Bamberg two, Barnwell two, Beaufort two, Berkeley two, 
Calhoun one, Charleston eight, Cherokee two, Chester two, Chesterfield 
two, Clarendon three, Colleton two, Darlington three, Dillon two, Dorches- 
ter one, Edgefield two, Fairfield two, Florence three, Georgetown two, 
Greenville six. Greenwood three, Hampton one, Horry two, Jasper one, 
Kershaw two, Lancaster two, Laurens three, Lee two, Lexington three, 
Marion two, Marlboro three, McCormick one, Newberry three, Oconee two, 
Orangeburg five, Pickens two, Richland five, Saluda two, Spartanburg 
seven, Sumter three, Union two, Williamsburg three, and York four. 

When Act Takes Effect. — Representatives to the House of Representa- 
tives shall be elected from the several counties of the State, in accordance 
with the pro^dsion of this Section at the general election to be held on 
Tuesday after the first Monday in November of the year 1902, and every 
second year thereafter, in such manner and at such places as are now pro- 
vided by law, or as the General Assembly may prescribe. 

Civ. '12, § 14; Civ. 1902, § 12; G. S. 11; R. S. 11; 1901, XXIII, 611; 1902, XXIII, 
1197; 1908, XXV, 1283; 1910, XXVI, 867; 1911, XXVI, 68; 1912, XXVII, 827; 1916, 
XXIX, 717; 1918 XXX, 881; 1919, XXXI, 5. 

(15) § 2. Oath to Be Taken by Members. — All members elected to the 
General Assembly shall take the oath prescribed in Article III, Section 26, 
of the Constitution of the State, before entering upon the duties of their 
ofSce. 

Civ. '12, § 15; Civ. '02, § 13; G. S. 12; R. S. 12; 1880, XVII, 502. 

(16) § 3. Compensation of Members. — Members of the General Assem- 
bly shall receive as compensation for their services the sum of four hundred 
dollars for each session and mileage at the rate of five cents per mile for the 
actual distance traveled in the most direct route going to and returning 
from the place where the session of the General Assembly shall be held: 
and the Speaker of the House of Representatives shall receive a salary of 
three himdred and fifty dollars per session, in addition to his compensation 
as a member : Provided, That this Section, as amended, shall not take effect 
until after the general election for members of the General Assembly for 
the year 1920. 

Civ. '12, § 16; Civ. '02, § 14; G. S. 13; R. S. 13; XVI, 246; 1893, XXI, 417; 1908, 
XXV, 1079; 1920, XXXI, 875. 



38 CIVIL CODE OF SOUTH CAROLINA. 

(17) § 4. Stationery and Postage of Members. — The Clerk of the Sen- 
ate shall, on the first day of each session, draw a pay certificate of five dol- 
lars in favor of each Senator, and the Clerk of the House of Representatives 
shall likewise, on the first day of each session, draw a pay certificate of five 
dollars in favor of each member of the House of Representatives, which 
shall be given in lieu of all stationery and postage to be used by such Sena- 
tor or Representative in his official capacity during each session, and to be 
in addition to his per diem and mileage. 

Civ. '12, § 17; Civ. '02, g 15; G. S. 14; R. S. 14; 1893, XXI, 184. 

(18) § 5. Stationery for Each House. — The Clerks of the Senate and of 
the House of Representatives shall each furnish for their Houses, respec- 
tively, for their use and for the use of their several Committees, such 
stationery as may be necessary for each session; the amount so to be fur- 
nished for the Senate not to exceed one hundred dollars, and that so fur- 
nished for the House of Representatives not to exceed one hundred and 
fifty dollars. 

Civ. '12, § 18; Civ. '02, § 16; G. S. 15; R. S. 15; 1893, XXI, 234. 

(19) § 6. Fuel and Gas Furnished. — The Secretary of State shall furnish 
for the Senate and House of Representatives, and for their respective Com- 
mittee rooms, such supplies of fuel or coal and gas as may be necessary for 
their use at each session of the General Assembly; the amount for this 
purpose not to exceed the sum of eight hundred dollars. 

Civ. '12, § 19; Civ. '02, § 17; G. S. 16; R. S. 10; 1093, XXI, 234, 385. 

(20) § 7. Officers Elected by Each House and Compensation of Same. — 

The Senate and House of Representatives, immediately after assembling in 
the session following a general election, shall each proceed to the election of 
a Clerk, to be known as the Clerk of the Senate and the Clerk of the House 
of Representatives, respectively, who shall each receive a salary of eight 
hundred dollars per annum. 

The Senate and House of Representatives shall also, at the same time, 
each for itself, elect a Reading Clerk, who shall each receive a salary of two 
hundred and fifty dollars, and a Sergeant at Arms, who shall receive a 
salary of two hundred dollars : Provided, That in case of an extra session 
or sessions of the General Assembly, the Sergeant at Arms, Clerk, Assistant 
Clerk and Reading Clerk shall also receive the same mileage and per diem 
of a member of the General Assembly. 

The Senate and Plouse of Representatives shall each elect annually, on 
the first day of the session, a Chaplain, who shall serve as such officer 
during the session, and shall receive a salary of fifty dollars during the 
session, to be paid in the same manner as the officers of the respective 
Houses are paid. 

Civ. '12, § 20; Civ. '02, § 18; G. S. 17; R. S. 17; 1877, 294; 1890, XX, 661; 1893, XXI, 
417, 418. 

(21) § 8. Officers and Employees of Each House. — There shall be 
appointed at the commencement of the first session of every term of the 
General Assembly for the Senate, by the Clerk of the Senate, the follow- 
ing Clerks and attaches: An Assistant Clerk; a second Assistant Clerk- 



CIVIL CODE OF SOUTH CAROLINA. 39 

a General Desk Clerk ; a File Clerk, a Bill Clerk and a Journal Clerk ; 
by the presiding oiificer of the Senate, a Clerk to the Committee on Judi- 
ciary; a Clerk to the Committee on Finance; three doorkeepers; two labor- 
ers; one porter; a keeper of the President's room; two pages; one mail 
carrier; and no others. In the House, by the Speaker of the House of 
Representatives : An Assistant Clerk, a Journal Clark, one Bill Clerk, a 
Clerk to Committee on Ways and Means, a Clerk to Judiciary Committee ; 
three doorkeepers; four pages, three laborers; one keeper of Speaker's 
room; two porters; one mail carrier; and no others. 
Civ. '12, § 21; Civ. '02, § 19; 1920, XXXI, 766. 

(22) § 9. Certain Appointed Clerks and Attaches Under Control of 
Sergeant at Arms — Salaries of. — The Bill Clerk, Doorkeepers, Laborers 
and Pages of each House shall be under the control and supervision of the 
Sergeant at Arms of the House to which he is appointed, and shall obe.y all 
reasonable orders made by him, and the salaries of the appointed Clerks 
and attaches of the General Assembly shall be as follows : Assistant Clerks 
of the Senate and of the House of Representatives, two hundred and fifty 
dollars, each ; Journal Clerks, each, four dollars per day during the session 
of the General Assembly, and four dollars per day for each day's work 
after adjournment, not exceeding twenty days; Bill Clerks, each, four 
dollars per day. 

In case of an extra session of the Legislature, the Assistant Clerks shall 
receive the same pay as members of the General Assembly. 
Civ. '12, § 22; Civ. '02, § 20; 1893, XXI, 417, 418. 

(23) § 10. Solicitors to Attend Sessions of and Assist in Preparation of 
Acts. — The Circuit Solicitors, or so many of them as are deemed neces- 
sary by the Attorney General, shall attend the sessions of the General 
Assembly, and shall, under his direction, assist the Attorney General in 
drawing and in supervising the engrossing of all Bills, and in the enroll- 
ment of all Acts and Joint Resolutions of each session; shall see that the 
work is done neatly, promptly and correctly ; and one of the said Solicitors 
shall certify upon each Act, before it is ratified, that it is correctly enrolled. 
The Attorney General shall employ such clerical assistance in drawing, 
engrossing and enrolling Bills, Resolutions and Acts as he may deem neces- 
sary: Provided, That only competent stenographers and typewriters shall 
be employed for drawing, engrossing and enrolling Bills, Resolutions and 
Acts. 

Civ. '12, § 23; Civ. '02, § 21; G. S. 21; R. S. 21; XVII, 290; 1916, XXIX, 672. 

(24) § 11. Qualification for Appointment of OflBcers and Attaches. — No 

person, holding or exercisii:g the duties of any ofiiee in this State, and no 
person not a permanent resident of this State, shall be eligible to election 
or appointment to any of the offices or positions provided for in this 
Chapter. 

Civ. '12, § 24; Civ. '02, § 22; G. S. 22; R. S. 22; XVI, 296. 

(25) § 12. Compensation of Officers and Attaches. — AU persons elected 
or appointed under the provisions of this Chapter shall receive such com- 



40 CIVIL CODE OP SOUTH CAROLINA. 

pensation as the General Assembly shall determine; in no case to exceed 
the compensation of a member, except the Clerks of the Senate and of the 
House of Eepresentatives, whose annual salary is provided for by law, and 
except also the Circuit Solicitors. 

Civ. '12, § 25; Civ. '02, § 23; G. S. 23; R. S. 23; XVI, 294. 

(26) § 13. — Appointments to Be Furnished Clerks. — AU officers making 
any of the appointments provided for in this Chapter shall forthwith, when 
each appointment is made, furnish a correct list thereof to the Clerks of the 
two Houses respectively ; and a copy of the same, together with a list of the 
officers or attaches elected by the two Houses, shall be filed by the said 
Clerks with the Treasurer of the State. 

Civ. '12, § 26; Civ. '02, § 24; G. S. 24; R. S. 24; XVI, 294. 

(27) § 14. Pay Certificates for Members. — The Clerks of the Senate and 
House of Representatives are authorized and directed to furnish each mem- 
ber of their respective bodies a pay certificate for the amount of his mileage 
and compensation, to include such dates as the General Assembly shall, by 
Concurrent Resolution, direct. 

Civ. '12, § 27; Civ. '02, § 25; G. S. 25; R. S. 25; XIV, 310. 

(28) § 15. Certification and Attestation of Certificates. — Such certifi- 
cates shall be certified by the President of the Senate, and attested by the 
Clerk of the Senate, for all members of that body, and by the Speaker of the 
House of Representatives, and by the Clerk of the same for all members of 
that body. 

Civ. '12, § 28; Civ. '02, § 26; G. S. 26; R. S. 26; XIV, 310. 

(29) § 16. Pay Certificates of OflScers and Employees. — The subordinate 
officers and employees of the General Assembly shall, in like manner, be 
furnished with certificates of pay in such amounts as shall be fixed by that 
branch of the General Assembly to which such officers and employees shall 
respectively belong: Provided, however, That the pay certificates for serv- 
ices common to the two Houses shall be signed by the President of the Sen- 
ate, and countersigned by the Speaker of the House of Representatives. 

Civ. '12, § 29; Civ. '02, § 27; G. S. 27; R. S. 27; XIV, 310. 

(30) § 17. Statement of AU Certificates Furnished Comptroller General 
and Treasurer. — The Clerks of the Senate and of the House of Represen- 
tatives on the day of the final adjournment of every session of the General 
Assembly shall furnish to the Comptroller General and State Treasurer, 
each, a statement of all certificates issued in behalf of their respective 
Houses, which statements shall show the numbers of the certificates issued, 

■ the amount in each, and the person to whom issued, in the following order : 
1, of members of the General Assembly; 2, of officers and attaches; 3, 
stationery certificates ; 4, of contingent expenses. 

The Clerk of the Senate shall, in similar manner and at the same time, 
furnish the Comptroller General and the Treasurer, each, statements of all 
joint certificates issued on behalf of both Houses. 
Civ. '12, § 30; Civ. '02, § 28; G. S. 28; R. S. 28; XVI, 825. 



CIVIL CODE OP SOUTH CAROLINA 41 

(31) § 18. Sergeant at Arms of Senate and House to Have Charge of 
the Respective Chambers. — The Sergeant at Arms of the Senate and the 
Sergeant at Arms of the House of Representatives, shall take exclusive care 
and charge of the Senate Chamber and Hall of House of Representatives 
and Committee i-ooms, respectively, and be held responsible for their keep- 
ing and the keeping and protection of the furniture and furnishings belong- 
ing to them, packing such as may need packing, and occasionally inspect 
and care for the same during the recess of the General Assembly, and shall 
receive as compensation therefor the same mileage and per diem for each 
day actually engaged as he receives during the sessions of the Legislature : 
Provided, He shall not be paid for more than ten days during any one year 

Civ. '12, § 31; 190T, XXV, 651. 

(32) § 19. Members of Senate and House Committees Who Are Ex 
OflBoio Members of Boards to Hold Over.— Tliat every chairman of a com- 
mittee of the House of Representatives or of the Senate who is ex officio a 
member of any commission or board shall continue to be a member of such 
commission or board after each general election and until his successor shall 
be appointed chairman of such committee of the House or Senate, and if a 
vacancy occurs in any such chairmanship or the chairman is unable to 
serve by reason of temporary disability or other cause when the General 
Assembly is not in session, the Speaker of the House or the President of the 
Senate shall designate some member of such committee of the House or 
Senate, as the case may be, to serve as such member of the commission or 
board in the place of such chairman until the next meeting of the General 
Assembly or until the temporary disability is removed, as the case may be. 

1915, XXIX, 263. 



ARTICLE II. 

Claims Against the State. 

(33) § 1. Board of Claims for State.— That the Comptroller General, 
the Attorney General and the Secretary of State be, and they hereby are, 
constituted and declared a Board of Claims for the State of South Carolina, 
of which Board the Comptroller General shall be chairman ex officio. 

1913, XXVII, 199. 

The State Co. v. Jones, Compt. Gen., 99 S. C. 218; 82 S. E. 1048. 

(34) § 2. Claims to Be Filed With Board— Proviso.— All claims for the 
refunding of overpaid taxes, or for the payment for services rendered or 
supplies furnished to the State, shall be presented to the said Board by 
petition, fully setting forth the facts upon which such claim is based, 
together with such evidence thereof as said Board may require, which peti- 
tion shall be filed with the Chairman of the said Board of Claims at least 
twenty days prior to the convening of the General Assembly. It shall be 
the duty of the said Board of Claims to thoroughly examine all claims so 
presented, looking to their correctness, validity and legality, and the said 
Board of Claims shall make a report of their findings on all claims so pre- 



42 CIVIL CODE OF SOUTH CAROLINA. 

sented, to the "Ways and Means Committee of the House of Representatives 
within ten days after the convening thereof, and the said Board shall 
recommend the payment, in whole or in part, or rejection of such claim or 
claims as in their judgment justice shall require. Upon the receipt of the 
said report, the Ways and Means Committee may thereupon make provi- 
sion for the payment of all approved claims in the Appropriation Bill 
introduced by them : Provided, That the provisions of this Article shall not 
apply to the current or contingent expenses of either House of the General 
Assembly, or expenses common to both, which said claims shall be paid as 
now provided by law. 

Civ. '12, § 32; Civ. '02, g 29; G. S. 29; R. S. 29; XVI, 459; 1883, XIX, 310; 1913, 
XXVII, 199. 

(35) § 3. When Claims Against State Are Debarred Payment.— All 

claims against the State except the bonded debt of the State shall be forever 
barred unless presented within three years after the right to demand pay- 
ment thereof accrues. And such claims shall also be forever barred if 
twice presented to the General Assembly or either branch thereof and 
rejected, or twice presented and withdrawn. 

Civ. '12, § 33; Civ. '02, § 30; G. S. 30; R. S. 30; XVII, 769. 



ARTICLE III. 

Introduction of Measures for Private Purposes. 

(36) § 1. Must Be by Petition, Accompanied by Draft of BiU or Joint 
Resolution; Reference to Committee. — No Bill to charter or incorporate, 
or to amend the charter of any society, company, organization, or body 
politic of any kind, or for the granting of any pri^dlege or immunity or for 
any other private purpose whatsoever, shall be introduced or entertained in 
either House of the General Assembly, except by petition, to be signed by 
the person or persons seeking to be incorporated, or by the corporators or 
their ofScers, or duly appointed agents, seeking an amendment of a charter, 
or by the person or persons seeking such privilege, immunity or other pri- 
vate grant or relief. The petition must be accompanied in each instance 
by a draft of a Bill or Joint Resolution, as the case may be, to charter or 
incorporate such society, organization or body politic, or to amend the char- 
ter thereof, or to grant the privilege or immunity, or to carry out the private 
purpose prayed for in said petition; and, together with the said draft of 
the Bill or Joint Resolution, shall be referred to some appropriate Com- 
mittee of the House in which such petition is presented, to be acted upon 
by such Committee as hereinafter provided. 

Civ. '12, § 34; Civ. '02, § 31; R. S. 31; 1885, XIX, 309. 

Each General Assembly possesses all tlie legislative power vested in the General Assembly by the 
Constitution, and is subject to no limitation not found in the Constitution. One legislature, therefore, 
cannot curtail or enlarge the power of any succeeding legislature. Hence, failure to comply with 
provisions herein does not invalidate act to authorize construction of dam across Kinlock Creek. 
Manigault v. Ward, 123 Fed. 716. 



CIVIL CODE OF SOUTH CAROLINA. 43 

(37) § 2. Statement of Inapplicability of General Statute and Special 
Reasons for Charter or Incorporation. — In case of an application for a 
charter or incorporation, other than of a railroad or canal company, the 
petition shall state and set forth why the same cannot be obtained under 
the provisions of the General Statutes, in pursuance of the Constitution, 
relating to incorporations, and any other special reasons on which such 
charter or incorporation is sought. 

Ch'. '12, § 35; Civ. '02, § 32; R. S. 32; 1885, XIX, 309. 

(38) § 4. Route of Road, Other Roads Crossed, Accompanying Map 
and Notice. — In case of an ajjplication for the charter or incorporation of 
a railroad, canal, tramway, plank road or turnpike company, and the grant 
of the right of way therefor, in addition to the foregoing requirements of 
other charters and incorporations, the petition shall set forth and describe 
approximately the route proposed for the said projected road, and state 
where the said route will cross anj' existing railroad or in the course of 
construction, and the said petition shall also be accompanied by a plat or 
map delineating the same: Provided, That in case of a railroad charter, 
the three month's notice required by law shall be given before the applica- 
tion for a charter is made. 

Civ. '12, § 36; Civ. '02, § 38; R. S. 33; 1885, XIX, 309. 

(39) § 4. Merits and Particulars, Rights of Others and Requisite 
Notice. — In any case other than that of a charter or incorporation, the 
petition shall set forth fully and distinctly the merits and particulars of 
the case, and if the same shall in any wise affect the rights of others directly 
who reside in this State, such i^etition shall be accompanied with proof that 
the parties, so far as known, who may be affected merely, have had sixty 
(60) days' notice of the presentation of such petition before such petition 
is presented, and also that notice of the intention of the petitioner or peti- 
tioners to make such application has been published in a newspaper having 
the largest circulation published in the county where the privilege or immu- 
nity is to be enjoyed, once a week for at least three weeks, the first of which 
particulars shall be at least sixty (60) days before such petition is pre- 
sented. 

Civ. '12, § 37; Civ. '02, § 34; R. S. 34-; 188.5, XIX, 309. 

(40) § 5. Petition Signed by Freeholders in BiUs to Amend Stock Law. 
— No Bill purporting to amend or alter the law regulating the fencing of 
stock in any portion of the State shall be considered unless the same be 
accompanied by a petition for such amendment or alteration signed by a 
majority of the freeholders of the section to be affected by such amend- 
ment. 

Civ. '12, § 38; R. S. 3S; 1889, XIX, 295. 

This section is doubtless intended as guide to persons desiring to petition legislature for special 
privileges. Manigault v. Springs, 199 U. S. 473, 486, 50 L. Ed. 274. 

Failure to comply ivith provisions herein does not invalidate act to authorize construction of dam 
across Kinlock Creek. Manigault v. Ward, 123 Fed. 716; Manigault v. Springs, 199 U. S. 486, 50 
L. Ed. 274. 



44 CIVIL CODE OF SOUTH CAROLINA. 

ARTICLE IV. 
Special Provisions as to Legislative Enactments. 

(41) § 1. Time When Legislative Enactments Take Effect. — No Act or 

Joint Resolution passed by the General Assembly shall take effect or become 
of force until the twentieth day after the day of its approval by the Execu- 
tive, unless some other day be specially named in the body of the Act or 
Joint Resolution as the day upon which it shall take effect. 
Civ. '12, § 39; Civ. '02, § 36; G. S. 38; R. S. 36; XVII, 69. 

(42) § 2. Effect of Repeal of Act. — The repeal of an Act or Joint Reso- 
lution shall not revive any law theretofore repealed or superseded, nor any 
office theretofore abolished. 

Civ. '12, § 40; Civ. '02, § 37; G. S. 34; R. S. 37; XV, 37. 
Addison v. Sugette, 50 S. C. 192, 28 S. E. 948. 

(43) § 3. Construction of Words. — The words "person" and "party" 
and other word or words importing the singular number, used in any Act 
or Joint Resolution, shall be held to include firms, companies, associations 
and corporations, and all words in the plural number shall apply to single 
individuals in all cases in which the spirit and intent of the Act or Joint 
Resolution may require it. All words in an Act or Joint Resolution import- 
ing the masculine gender shall apply to females also, and all words import- 
ing the present tense shall apply to the future also. 

Civ. '12, § 41; Civ. '02, § 38; G. S. 35; R. S. 38. 

In re Roton's Will, 95 S. C. 118, 78 S. E. 713. 

(44) § 4. Appropriations by the General Assembly.' — ^Be it enacted by 

the General Assembly of the State of South Carolina : The General As- 
sembly shall annually provide for all exiDcnditures in the general Appro- 
priation Act, and the appropriations made for any department, institu- 
tion, board or commission shall be in a definite sum for each purpose or 
activity with such itemization under the activity as may be deemed 
necessary by the General Assembly. 
1921, XXXII, 114. 

(45) § 5. Unlawful to Contract Debt in Excess of Appropriation) — 
Only State Finance Committee May Borrow for State. — It shall be unlaw- 
ful for any department, institution, commission or board of the State 
government to contract indebtedness in excess of the amount speciflcallj^ 
provided in the annual Appropriation Act, and it shall further be unlaw- 
ful for any officer, employee, departmental or institutional head, except 
the State Finance Committee, composed of the Governor, Comptroller Gen- 
eral and State Ti-easurer, to borrow am^ monej' for State purposes. 

1921, XXXII, 114. 



CIVIL CODE OP SOUTH CAROLINA. 45 

CHAPTER III. 
The Public Printing. 

(46) § 1. Joint Committee on Printing Established — ^^Term — Vacancy. 

— There shall be a Joint Committee on Printing of the General Assembly 
consisting of two members of the Senate and two members of the House of 
Representatives to be appointed by the President of the Senate and by the 
Speaker of the Plonse of Representatives, respectively, the Chairman of 
the Committee to be selected by the Committee from its Senate members. 
Each member shall sei've for two years or until his successor is appointed. 
Any vacancy on the Committee shall be filled by the presiding officer of the 
branch of the General Assembly from which such vacancy occurs. 

1916, XXIX, T09. 

(47) § 2. Meeting of Committee — Per Diem. — The Joint Committee 
on Printing shall liold meetings during the sessions of the General Assem- 
bly for which the members shall receive no compensation, and the Com- 
mittee may hold three other meetings during each year for the transaction 
of such business as shall properly come before it, the time of such meetings 
to be designated by the Committee or its Chairman, and for such meetings 
the members of the Committee shall receive as compensation each a per 
diem of five dollars and the same mileage they receive for attendance upon 
the sessions of the General Assemblj' : Provided, That per diem shall not 
be allowed the members for service upon the Committee for more than ten 
days in any one year. 

1916, XXIX, 709. 

(48) § 3. Committee to Have Control of Printing, Etc., for State. — 

The Joint Committee on Printing shall have control and supervision of all 
the Public Printing, Binding, Lithographing, and Engraving for the State 
or any department of the State Government. 
1916, XXIX, 709. 

(49) § 4. Committee to Prevent Unnecessary Printing, Etc. — To Have 
Control of Style of Public Printing. — The Joint Committee on Printing 
is hereby authorized to inquire at any time into all matters pertaining to 
the contracts for the public printing and the distribution of official reports 
and publications and to prevent unnecessary printing, binding, lithograph- 
ing or engraving, and to see that all extraneous matter is omitted from any 
publication paid for out of the public printing fund or any fund of any 
State department or State institution, and to recommend from time to time 
to the General Assembly such remedial legislation as in its judgment may 
be fit and proper. The said Joint Committee on Printing shall have con- 
trol of the style and arrangement of all Public Printing. 

1916, XXIX, 709. 

(50) § 6. Printing Clerk — Term^-Salary — Duties — Oath — Punishment 
for His Misconduct. — There shall be a Printing Clerk, who shall be a 
practical printer and who shall be elected by the Joint Committee on Print- 
ings for a term of four years, and he shall be ex officio a member of the 
Joint Committee on Printing, without a vote, and shall serve as its Secretary 



46 CIVIL CODE OF SOUTH CAROLINA. 

and executive officer. His salary shall be one thousand dollars per aunum, 
if in the judgment of the committee, so much be necessarj^ payable in 
monthly installments : Provided, That he shall perform such duties in con- 
nection with the public printing as shall be required of him by the Joint 
Committee on Printing, and that he shall be in the continuous service, at 
the State Capitol, of the said committee during the months of November, 
December, January, February and March of each year and at such other 
times as the committee may call upon him for official assistance. The said 
Printing Clerk shall be elected by the Joint Committee on Printing during 
the 1916 session of the General Assembly, and any vacancy in the office shall 
be filled by the committee. The Printing Clerk, before entering upon the 
discharge of his duties, shall, in addition to the constitutional oath required, 
take an oath that he is a practical printer and is skilled in, and acquainted 
with, the details of the printing business ; that he will not in any manner, 
directly or indirectly, be interested in any contracts for printing, binding, 
lithographing or engra^dng, etc., let out by the Joint Committee on Print- 
ing, nor in the purchase of stationery for the State, and that he will not 
participate in the profits arising from the same. If he in any manner, 
directly, or indirectly, violate the provisions of this Section, he shall be 
deemed guilty of a misdemeanor, and, upon conviction thereof, he shall be 
fined or imprisoned in the discretion of the Court. 
1916, XXIX, 709. 

(51) § 7. To Carry Out Present Laws. — The provisions of law now 
applicable to the public printing, binding, lithographing and engraving 
so far as not inconsistent with the provisions of this Article shall remain of 
full force and effect, and shall be executed by the said Joint Committee on 
Printing. 

1916, XXIX, 709. 

(52) § 8. Public Printing Regulated. — The Joint Committee on Print- 
ing shall, as in their judgment may seem proper, and thereafter at such 
times as they may deem best for the interest of the State, cause to be 
published in at least one daily newspaper in each of the counties of Rich- 
land, Charleston, Spartanburg and Greenville, for at least one day in each 
week for three consecutive weeks, a call for sealed proposals to do the 
public printing for the General Assembly and reports of State officers, 
boards and commissions of the State. The proposals shall state at what 
price per page the bidder will execute the several classes of work, respec- 
tively, and what additional charge per page he will make for rule and 
figure work. The Clerk of the Joint Committee on Printing shall furnish 
bidders with specifications of the different classes of printing to be done. 
Proposal for the public printing, enclosed in envelope, sealed with wax, 
and endorsed "Proposals for the Public Printer," shall be filed with the 
Clerk of the Joint Committee on Printing within five days of the date ad- 
vertised by the Joint Committee on Printing for the awarding of the con- 
tract for public printing, and said proposals shall be opened by the Chair- 
man of the Joint Committee on Printing; or, in his absence, by the Chair- 
man acting, in the presence of the said Committee ; and the contract may 
be awarded by said Joint Committee on Printing to the lowest responsible 



CIVIL CODE OF SOUTH CAROLINA. 47 

bidder. If the bids received be deemed unacceptable, the Joint Committee 
may reject all bids and call for new bids : Provided, That the Joint Com- 
mittee on Printing is hereby prohibited from making a contract to extend 
beyond a period of two years: Provided, The Joint Committee on Printing 
is hereby directed to purchase with such funds as the General Assembly 
may from time to time provide, all statinery and office supplies (not 
including furniture and fixtures) as may be required by the General 
Assembly and the several departments, boards and commissions of the 
State Government and the heads of such departments, boards and com- 
missions are hereby required to make purchases of all such supplies from 
the Joint Committee on Printing, payment for which shall be made by 
warrant drawn by the Comptroller General. The Clerk of the Joint 
Committee on Printing shall refund all collections from such sources 
to the State Treasurer: Provided, further, The Comptroller, before issu- 
ing his warrant for any bill or voucher for binding, engraving, litho- 
graphing, printing, stationery or office supplies, shall see that the same 
is duly approved by the Clerk of the Joint Committee on Printing, 
and shall refuse to issue his warrant for any not so approved, whether 
such are to be paid from moneys derived, fees, licenses, taxes or other- 
wise. 

Civ. '12, § 42; Civ. '02, § 39; R. S. 39; 1898, XXII, 700; 1916, XXIX, TOT; 1920, 
XXXI, 80.5. 

(53) § 9. Bond of Public Printer. — The party to whom the contract for 
the public printing shall be awarded shall on or before the first day of July 
next after such award give bond, with sufficient sureties, in the sum of ten 
thousand dollars, for the faithful performance of the work ; said bond to be 
approved by the Governor, the Attorney General and the State Treasurer. 

Civ. •12, § 48; Civ. '02, § 40; 1898, XXII, 700, § 2. 

(54) § 10. Vacancy; How Filled. — If by reason of death or any other 
cause the party to whom the contract for public printing shall have been 
awarded shall fail to undertake the work thereunder or shall fail to give 
bond in due time, it shall be the duty of the Joint Committee on Printing 
to call for proposals for said i^riuting, and to award the contract therefor 
to the lowest responsible bidder, subject to all the conditions and regula- 
tions hereinbefore set forth. 

Civ. '12, § 44; Civ. '02, § 41; 1898, XXII, 700, § 3; 1916, XXIX, 707; 1920, XXXI, 805. 

(55) § 11. How Laws, Etc., Are to Be Printed. — The laws, journals and 
all other printing in book form, shall be set in long primer type, in pages 
to contain at least one thousand seven hundred ems each. All rule and 
figure work accompanying the Acts, Journals and Reports and Resolutions, 
to be in the same type as the body of the work ; the side and footnotes to be 
in minion or nonpareil type, and the indexes to be in brevier or long primer 
type. 

Civ. '12, § 45; Civ. '02, § 42; G. S. 32; R. S. 44. 

(56) § 12. In What Manner Reports Shall Be Printed.— Heads of 

departments and other officials having reports to make to the General 
Assembly shall not hereafter have the right or authority to designate to the 
Public Printer the particular type in which each part of their report is to be 



4b CIVIL CODE OF SOUTH CAROLINA. 

printed or the manner in which it is to be set up, but the said Printer shall 
be required to set up and print all such reports in as cheap a manner as is 
consistent with the public welfare, and the compensation therefor shall be 
on the basis of the long primer page of not less than one thousand seven 
hundred ems. 

Civ. '12, § 46; Civ. '02, § 43; 1896, XXII, 203. 

(57) § 13. Standard of Measurement. — When any part of the said 
report is set in other than the long primer type, the compensation therefor 
shall be determined by the relation which the types bear to each other, the 
work being counted for as many pages as one thousand seven hundred is 
contained in the number of ems of the type used. 

Civ. '12, § 47; '02, § 44; 1884, XVIII, 871. 

(58) § 14. Contents of Reports. — Heads of the various departments and 
boards in making their reports shall only give statistical matter and their 
recommendations in as brief form as possible, and the Railroad Commis- 
sioners shall not print the general correspondence of their office, railroad 
schedules, classification of freight, freight or passenger rates, but shall 
jnake their report in as concise and brief manner as may be compatible 
with the public welfare. 

Civ. '12, § 48; Civ. '02, § 45; 1896, XXII, 202, § 1. 

(59) § 15. How BiUs and Joint Resolutions Printed. — Bills and Joint 
Resolutions of the two Houses shall be printed in ten point type, each line 
slugged or regletted to the space of one line nonpareil type, printed in pages 
of 30 ems of twelve point type in width, and 54 ems of twelve point type in 
length, including the folio and foot line, the lines to be numbered according 
to sections, the pages to be trimmed to seven by eleven inches, and the 
quality of paper to be No. 2 book. 

Civ. '12, § 49; Civ. '02, § 46; G. S. 32; R. S. 46; 1916, XXIX, 706. 

(60) § 16. Acts and Joint Resolutions — How Printed— Unnecessary Fat 

— Acts and Joint Resolutions of the General Assembly of this State shall be 
published without other head lines than the title of the Act or Joint Reso- 
lution, and* nothing shall be appended after the last section thereof except 
the date of the Governor 's approval. Not more than one inch of space shall 
be allowed between the ending of one Act or Joint Resolution and the begin- 
ning of the next Act or Joint Resolution (except where an Act or Joint 
Resolution ends within two inches of the bottom of the page) ; and there 
shall be no charge by, or payment to, the State Printer for any unnecessary 
fat iji the publication of said Acts and Joint Resolutions. 

Printing of Official Reports Regulated — Compactness and Unneces- 
sary J'at. — In the publication of the Reports of the various officers required 
by law, there shall be no additional title pages nor any blank pages after 
the title page, unless such blank pages shall be necessary, from the inser- 
tion of a tabular statement which cannot be published upon the regular 
pages of Reports and is folded within such Report. All matter included 
in such Reports, whether reading or figures or tabulated, shall be compactly 
published, with no more intervening space than is necessary for the char- 



CIVIL CODE OF SOUTH CAROLINA. 49 

acter of the work directed to be done, and no page shall be taken up by a 
mere statement of the Report which is to follow. No unnecessary fat shall 
be alloM-ed in publishing these Reports. 

Civ. '12, § 50; Civ. '02, § 4T; R. S. 47; 1886, XIX, 310. 

(61) § 17. Public Printer to Set Work Compactly.— The Public Printer 
shall, in publishing or printing any other kinds of State work, of whatso- 
ever character, set the same as compactly and within as little space as the 
character of the work will permit. 

Civ. '12, § 51; Civ. '02, § 48; R. S. 48; 1886, XIX, 310. 

(62) § 18. Public Printer to Verify Bills and Joint Committee on Print- 
ing to Approve Them. — The Public Printer shall, with eacJi bill rendered 
by him for public printing, upon oath certify that the provisions of this Act 
have been complied with in such work ; and no such bill shall be paid until 
the work has been done, and a copy thereof filed with and examined by the 
Joint Committee on Printing, and its approval of the work and of the 
amount of the account endorsed on such bill, except bills for the current 
printing of the two Houses, which shall be likewise examined and approved 
by the Joint Committee on Printing, upon sworn accounts filed with it, 
before such bills shall be paid. 

Civ. '12, § 52; Civ. '02, § 49; R. S. 49; 1886, XIX, 310; 1916, XXIX, 710. 

(63) § 19. One Report Not to Be Embraced in Another. — No State officer 
shall embrace in his Report the Report of another State ofiicer which is 
required to be published by law, but he may make such reference thereto as 
may be necessary, to embrace a brief recapitulation thereof, when necessary 
to the proper understanding of such Report. 

Civ. '12, § 53; Civ. '02, g 50; R. S. 50; 1886, XIX, 310. 

(64) § 20. Size of Paper for Reports.! — In preparing the manuscript for 
the Public Printer, the State officers and Superintendents of public institu- 
tions shall use sheets of paper eight by ten inches in size, or legal cap, 
arranging it in such shape as will have due regard to the contents of the 
printed page. 

Civ. '12, § 54; Civ. '02, § 51; R. S. 51; 1884, XVIII, 872. 

(65) § 21. Printing for State Board of Health. — All printing done on 
Reports published by the State Board of Health shall be paid for out of 
funds appropriated to or belonging to that Department, and not otherwise. 

Civ. '12, § 55; Civ. '02, § 52;. R. S. 52; 1884. XVIII, 872. 

(66) § 22. Annual Report — Tabulation by Comptroller General. — Each 
Department of the State Government, or person required by law to have 
printing done at the public expense, shall report annually to the Comp- 
troller General the cost of such printing so done by such Department or 
persons, and such amounts consolidated into one table shall be included in 
the Annual Report of the Comptroller General. 

Civ. '12, § 56; Civ. '02, § 53; R. S. 53; 1884, XVIII, 872. 

(67) § 23. Certificate as to Printing for Each House.— The faithful per- 
formance of the printing for each House shall be certified by their respec- 
tive presiding officers and clerks : Provided, That in the absence of said 



50 CIVIL CODE OF SOUTH CAROLINA. 

officers from the seat of government, the Secretary of State, to whom the 
work may be delivered, shall certify to its proper execution : Provided, 
further, That a specimen copy of each class of work, with the accounts of 
the same verified by affidavit, be filed in the office of the Comptroller 
General. 

The Clerks of the two Houses shall furnish the Printer corrected Journals 
daily for the permanent printing-. 

Civ. '12, § 57; Civ. '02, § 54; G. S. 32; R. S. 54. 

(68) § 24. Acts and Joint Resolutions — Index, Notes and Arrangement 
— General and Special Laws. — The indexing and making marginal notes 
of Acts and Joint Resolutions shall be performed by the Code Commis- 
sioner. It shall be the duty of the editor or editors charged with the prepa- 
ration of the Acts and Joint Resolutions for publication, in addition to 
indexing and making marginal notes thereof, to arrange the same for the 
Printer according to the subject matter thereof, so that all general laws 
and Joint Resolutions shall be collected and bound together separately in 
the first part of the volume, and be entitled "General Laws and Joint Reso- 
lutions;" and all Acts relating to matters other than public shall be collected 
and bound together in the latter part of the volume, and be entitled ' ' Spe- 
cial Acts and Joint Resolutions," and also to index the same in one index. 
And all local Acts and Joint Resolutions shall be arranged according to 
counties in alphabetical order. 

Cross References in Margin — List of Chapters ;How Printed. — When- 
ever an Act or Joint Resolution of a previous session is amended, repealed 
or referred to, a reference shall be made in the margin to the volume and 
page of the Statutes at Large where such Act or Joint Resolution is to be 
found. There shall be printed in alphabetical order as an appendix to the 
Acts and Joint Resolutions of every regular session the list of charters 
granted by the Secretary of State for the then next preceding fiscal year, 
such list to be printed in the same type as the body of the Acts, embracing 
only the name of the corporation in small caps, to be followed in lower case, 
and without jDaragraphs, with the location and purpose of the corporation, 
amount of authorized capital stock and date of charter. 

Civ. '12, § 58; Civ. '02, § 55; '^. S. 32; R. S. 55; 1889, XX, 280; 1892, XXI, 23; 1901, 
XXIII, 698. 

(69) § 25. Public Printing ; How Paid for. — The Comptroller General is 
hereby authorized and directed to draw his warrant, and the State Treasurer 
to, pay the same out of any hioueys in the State Treasury not otherwise 

.appropriated, for the public printing, upon the production of proper 
vouchers, which shall consist of copies of the temporary printing executed, 
and signatures of the permanent printing as the work progresses. 

Appropriation Not to Be Exceeded. — In no fiscal year shall the Comp- 
troller General draw his warrants or the State Treasurer pay same for an 
aggregate amount for printing in excess of the sum of twenty thousand 
dollars unless a larger amount has been appropriated, in which case such 
warrants shall riot exceed the appropriation. 

Civ. '12, § 59; Civ. '02, § 5G; G. S. 56; R. S. 56; 1890, XX, 710. 



CIVIL CODE OF SOUTH CAROLINA. 51 

CHAPTER IV. 

The Statutes. 

(70) § 1. To Provide for Binding of Laws, Journals, Etc. — A sufficient 
number of the Journals, Reports and Acts of the General Assembly, for the 
use of the members of the General Assembly, and for the State Librarian to 
make the exchanges with other States, shall be bound in a good and sub- 
stantial manner ; and the Clerk of the Senate and the Clerk of the House of 
Representatives are authorized to have the same done immediately upon the 
close of the session, or as soon thereafter as practicable. 

Civ. '12, § 60; Civ. '02, § 57; G. S. 37; R. S. 58; 1896, XXII, 203, § 2. 

(71) § 2. Delivery of Permanent Work to State Librarian Who Shall 
Distribute Copies to Persons Entitled to Receive Them. — On the comple- 
tion of the permanent work, they shall deliver the same to the State Libra- 
rian, who shall forward, by mail or otherwise, as he may deem expedient, 
a copj' thereof to each of the members of the General Assembly, and a copy 
of the Acts and Joint Resolutions to the different States, institutions, and 
officers entitled by law to receive the same. 

Civ. '12, § 61; Civ. '02, § 58; G. S. 38; R. S. 59; 1896, XXII, 203, § 2. 

(72) § 3. When to Be Printed and Distributed.^-The Acts and Joint 
Resolutions of each session of the General Assembly shall be printed, bound 
and delivered to the keeper of the Legislative Library, ready for distribution 
within forty-five days after the copy thereof for publication has been deliv- 
ered to the State Printer by the Code Commissioner, as required by law, 
and the State Printer shall be liable to a penalty of one hundred dollars for 
each and every day that he may delay a compliance with this Section ; and 
the keeper of the Legislative Library shall, within five days after the receipt 
of said printed copies of the Acts, send out, either by mail or express, copies 
thereof, addressed to each person, officer or corporation as now or hereafter 
provided by law to be entitled thereto. 

Civ. '12, § 62; Civ. '02, § 59; R. S. 60; 1889, XX, 335; 1913, XXVII, 60. 

(73) § 4. How Acts and Resolutions Should Be Distributed. — Copies of 
the Acts and Joint Resolutions shall be distributed as follows : 

1. To the Legislative Council of the Province of Quebec, Canada, one 
copy. 

2. To each Circuit Judge, one copy. 

3. To each Solicitor, one copy. 

4. To each Clerk of Court, one copy. 

5. To each Judge of Probate, one copy. 

6. To each County Sheriff, one copy. 

7. To each County Auditor, one copy. 

8. To each County Treasurer, one copy. 

9. To each County Sui^erintendent of Education, one copj^ 
10. To each County Supervisor, one copy. 

Jl. To the Supreme Court at Columbia, one copy. 

12. To each Magistrate in the State, one copy. 

13. To each of the chartered Colleges of the State, one copy. 



52 CIVIL CODE OF SOUTH CAROLINA. 

14. To the Library of the Legislature, one hundred and fifty copies. 

15. To the University of South Carolina, two copies. 

16. To the Charleston Library, two copies. 

17. To the Governor of each State of the Union, for the use of the State, 
one copy. 

18. To the Legislature of each State, one copy. 

19. To the Library of Congress, two copies. 

20. To heads of Departments at Washington, for the use of their Depart- 
ments, one copy. 

21. To the Historical Society of New York, one copy. 

22. To the Athenaeum, Philadelphia, one copy. 

23. To the Library of Harvard University, Cambridge, one copy. 

24. To the Yale College Library, one copy. 

25. To the Libraries of the University of Virginia and Alabama, one copy 
each. 

26. To the Colleges at Athens, Ga., Princeton, and Chapel Hill, N. C, 
one copy each. 

27. To the Athensum, Boston, one copy. 

28. To the Committee of Public Records, London, one copy. 

29. To the London Museum, one copy. 

30. To the King's Library, in Paris, one copy. 

31. To the University Library at Heidelberg, one copy. 

32. To the Royal Library at Berlin, one copy. 

33. To the University Library at Gottingen, one copy. 

34. To the Historical Societies of South Carolina, Maryland, Virginia and 
Pennsylvania, each one copy. 

35. To each Master, one copy. 

36. To the University of the South, Sewanee, Tenn., one copy. 

Civ. '12, § 63; Civ. '02, § 60; G. S. 40; R. S. 61; VI, 648; 1883, XVIII, 588; 1889, XX, 
335; 1894, XXII, 1076; 1897, XXII, 458; 1902, XXIII, 964. 

(74) § 5. Amendments May Be Made by Reference to Revised Statutes 
or This Code. — Whenever in any Act heretofore or hereafter passed refer- 
ence is made to the Revised Statutes or this Code for the purpose of alter- 
ing, amending, adding to or repealing any part thereof, such reference, 
alteration, amendment, addition or repeal shall be construed to apply to the 
original law purporting to be revised in said revision as fully and speci- 
fically as though such original laws were mentioned in the Act containing 
such reference, alteration, amendments, addition or repeal. 

Civ. '12, § 64; Civ. '02, § 61; 1896, XXII, 3. 

(75) § 6. Code Commissioner to Be Elected — Term and Salary. — A Code 
Commissioner shall be elected by the General Assembly of 1911, for the 
term of ten years, and his salary shall be four hundred dollars per annum, 
payable quarterlj^, by the State Treasurer on the warrant of the Comptroller 
General, Provided, That the Code Commissioner elected at the session of 
the General Assembly for 1901 shall hold office for a term of ten years, and 
shall receive a salary of five hundred dollars for the fiscal year commencing 
January 1, 1901, and thereafter annually until the expiration of the term 
of his office a salary of four hundred dollars, to be paid quarterly by the 



CIVIL CODE OF SOUTH CAROLINA. 53 

State Treasurer upon the warrant of the Comptroller General. In case of 
a vacancy from any cause, the General Assembly shall as early as practi- 
cable elect a Code Commissioner for the unexpired term: Provided, That 
if a vacancy shall occur during the interim of the meeting of the General 
Assembly, the Governor shall appoint the Code Commissioner, who shall 
hold office until the General Assembly meets. 

Civ. '12, § 65; Civ. '02, § 62; 1901, XXIII, 697; 1918, XXX, 798. 

(76) § 7. Duties of Code Commissioner. — It shall be the duty of said 
Code Commissioner, immediately after his election, to examine the report 
made by his predecessor in office to the General Assembly, and, if any, 
correct all errors appearing in the revision submitted with said report; 
supply all omissions ; omit redundant and obsolete enactments, and such as 
have no influence on existing rights and remedies ; and to reduce the public 
statutes of this State, inclusive of such as are passed at the present session, 
into as concise and comprehensive a form as is consistent with clear expres- 
sion of the will of the General Assembly ; and, in addition thereto, he shall 
prepare indices and cross-indices to said codification, publishing the same in 
the appropriate volume as hereinafter pro^dded, note by annotation the 
decisions of the Supreme Court of the State of South Carolina under the 
different sections of the statutes codified as herein pro^dded, and also of the 
Constitution of 1895 of said State and Rules of Court as herein provided to 
be published ; annex to the volume containing the general laws a list of all 
general public statutes repealed since the enactment of the General Stat- 
utes of 1882, giving the title and date of approval, of the repealing statute ; 
and he shall annually prepare for publication and deliver to the State 
Printer within thirty days after the adjournment of the General Assembly 
in any regular or special session, the Statutes and Joint Resolutions passed 
at the preceding session, dividing the same into such as may be of a general 
and permanent kind and such as may be local and of temporary nature, 
with a correct index and cross-index of same ; and side notes thereof and 
that he also publish with such statutes, alphabetically arranged and with 
date of granting same, a list of all charters granted bj^ the Secretary of 
State, the same so prepared for publication and delivered to the State 
Printer shall consist of a true copy or copies thereof in neatly written or 
typewriting form on one side of each sheet. He shall annually report to the 
General Assembly, at each session, all changes made in the Statute Law 
embraced in the Code at its previous session, together with a note of or 
reference to the decision of the Supreme Court, on the sections of said Code 
published during the current year, said report to be annually published by 
the State Printer in such form as the Code Commissioner may prescribe. 

Civ. '12, § 66; Civ. '02, § 63; 1913, XXVII, 68. 

(77) § 8. Decennial Report. — The Code Commissioner shall collect and 
revise all the General Statute law of the State now of force, as well as that 
which shall be passed from time to time, and shall properly index and 
arrange the said Statutes when so passed. He shall also reduce into a 
systematic Code the General Statutes, including the Code of Civil Pro- 
cedure, with all the amendments thereto, and shall on the first day of the 
session for the year nineteen hundred and eleven, and at the end of every 



54 CIVIL CODE OF SOUTH CAROLINA 

subsequent period of ten years, report the result of his labors to the Gen-^ 
eral Assembly, with such recommendations and suggestions as to the abridg- 
ment and amendments as may be deemed necessary and proper. The said 
report, when ready to be made, shall be printed and laid on the desks of the 
members of both Houses of the General Assembly on the first day of the 
first session, but shall not be taken up for consideration until the next 
session of the General Assembly. 

Civ. '12, § 67; Civ. '02, § 64; 1896, XXII. 

How Code Declared Law. — The Code thus prepared by the Commis- 
sioner shall be declared by the General Assembly, in an Act passed accord- 
ing to the forms in the Constitution of 1895 for the enactment of laws, to 
be the only general statutory law of the State, and no alterations or addi- 
tions to any of the laws therein contained shall be made except by Bill 
passed under the formalities required in the said Constitution. 

Civ. '12, § 67; Civ. '02, § 64; Const., Art. VI, § 5. 



CHAPTER V. 



Reports and Documents and Committees to Examine State Offices and 
Penal and Charitable Institutions. 

(78) § 1. Time for Making Reports to General Assembly.^ — The Comp- 
troller General and all other officers required by law to report annually to 
the General Assembly shall make such reports on or before the twentieth 
day of January in each year. 

Civ. '12, § 68; Civ. '02, § 65; G. S. 41; R. S. 62; XV, 457. 

(79) § 2. When Reports to Be Handed Printer— Time of Printing- 
Penalties. — All State officers are required to place their Reports in the 
Printer's hands by the tenth day of January, except the Comptroller Gen- 
eral and State Treasurer, who shall place their reports in the Printer's 
hands on the twentieth day of January, and the Printer is required to have 
Reports printed and readj^ for deliverj^ on the day of the meeting of the 
General Assembly, and on his failure to have such Reports ready he shall 
forfeit five dollars ($5.00) per day on each Report delayed: Provided, 
That the Piiblic Printer shall not be subject to said forfeiture when the 
State officers do not place their Reports in the Printer's hands on the day 
required. 

- Civ. '12, § 69; Civ. '02, § 66; R. S. 63; 1896, XXII, 204. 

(80) § 3. Persons Disbursing Public Money Must Publish. — Every per- 
son authorized to disburse any funds for the State shall publish in some 
newspaper of general circulation in the county in which such disbursement 
is authorized to be made, a monthly statement of all funds received and the 
date of such receipt, and of all funds paid out, to whom, and on what 
account. 

Civ. '12, § 70; Civ. '02, § 67; G. S. 43; R. S. 64; XVI, 166. 

(81) § 4. Persons Having Distribution of Public Money Must Report 
Quarterly to Comptroller General. — All persons having the distribution 



CIVIL CODE OF SOUTH CAROLINA. 55 

of public money shall quarterly, to wit, on the last days of October, Janu- 
ary, April and July, in each and every year, render to the Comptroller 
General an account setting forth the funds committed to them, respectively, 
and the disbursement of them. 

Civ. '12, § 71; Civ. '02, § 68; G. S. 44; R. S. 65; VI, 512; 1890, XX, T13. 

(82) § 5. Public Officers Having Evidences of Indebtedness to Stat© 
Must Report to Comptroller General. — All public officers having in their 
possession the evidences of any debts due to the State shall, on the last day 
of December in every year, furnish the Comptroller General with a state- 
ment of all such debts, showing the names of the debtors, the amounts of 
the debts, the interest, the payments made, and the balance due to the 
State. And in case of failure on the part of any public officer to furnish 
the Comptroller with the statement aforesaid, he shall forfeit and pay the 
sum of two hundred dollars, to be recovered in any court having competent 
jurisdiction. 

Civ. '12, § 72; Civ. '02, § 69; G. S. 45; R. S. 66; VI, 108; 1896, XXII, 204. 

(83) § 6. ComptroUer General to Make Report to General Assembly of 
All Debts Due State. — -The Comptroller General shall make a statement 
of all debts due the State and lay it before the General Assembly with his 
Annual Report. 

Civ. '12, § 73; Civ. '02, § 70; G. S. 46; R. S. 67; 1896, XXII, 204. 

(84) § 7 Secretary of State's Report to General Assembly of Corpora- 
tions Formed Under General Lav/s. — The Secretary of State shall annually 
prepare, cause to be printed, and submit to the General Assembly a true 
abstract from the certificates deposited with him by corporations formed 
under the laws regulating the formation of corporations. Said abstract 
shall contain, under proper headings, the corporate name of said corpora- 
tion, the date of its charter, the purpose for which it was incorporated, the 
names of its corporators, its location and amount of capital stock, together 
with such remarks as he may deem necessarj'; said abstract shall be pub- 
lished as an appendix to the Acts and Joint Resolutions of the session of 
the Legislature to which such abstract is submitted, and the names of all 
corporations therein contained shall be included in the index to the said 
Acts and Joint Resolutions. 

Civ. '12, § 74; Civ. '02, § 71; G. S. 47; R. S. 68; 1883, XVIII, 447. 

(85) § 8. Annual Report of State Superintendent of Education. — The 

State Superintendent of Education shall make his report through the Gov- 
ernor to the General Assembly at each regular session thereof in the manner 
required by law. 

Civ. '12, § 75; Civ. '02, § 72; G. S. 48; R. S. 69; 1876, XIV, 342; 1878, XVI, 574. 

(86) § 9. County Superintendents' Reports Consolidated by State 
Superintendent and Forwarded to General Assembly. — It shall be the 
duty of the State Superintendent of Education to consolidate the reports 
received from the Countj' Superintendents of Education, and to forward 
them to the General Assembly at its next regular session. 

Civ. '12, § 76; Civ. '02, § 73; G. S. 49; R. S. 79; 1868, XIV, 23. 



56 CIVIL CODE OF SOUTH CAROLINA. 

(87) § 10. Annual Report of Directors of the State Penitentiary. — The 
Directors of the State Penitentiary shall make an annual report to the Gov- 
ernor, on or before the first day of January in each year, of the state and 
condition of the prison, the convicts confined therein, of the money expended 
and received, and, generally, of all the proceedings during the last year, to 
be laid before the General Assembly. 

Civ. '12, § 77; Civ. '02, § 74; G. S. 50; R. S. 71; 1868, XIV, 95; 1896, XXII, 204. 

(88) § 11. Annual Eeport of Attorney General. — The Attorney Geaeral 
shall annually make a report to the General Assembly of the cases argued, 
tried, or conducted by him in the Supreme Court and Circuit Courts dur- 
ing the preceding year, with such other information in relation to the crimi- 
nal laws, and such observations and statements, as, in his opinion, the crimi- 
nal jurisdiction and the proper and economical administration of the crimi- 
nal law warrant and require. 

Civ. '12, § 78; Civ. '02, § 75; G. S. 51; R. S. 72; XIV, 89. 

(89) § 12. Annual Report of Regents of the State Hospital for the 
Insane. — It shall be the duty of the Regents of the State Hospital for the 
Insane to report annually to the Legislature the state and condition of the 
institution, fully and particularly; and they shall also annually report to 
the Comptroller General the amount of income of said institution, and the 
amount of expenditures, and the items thereof. 

Civ. '12, § 79; Civ. '02, § 76; G. S. 52; R. S. 73; VI, 323. 

(90) § 13. Commissioners of the Deaf and Dumb and the Blind to 
Report Annually. — The Conimissioners of the Deaf and Dumb and the 
Blind shall annually report to the Legislature an exact statement of their 
various proceedings during the past year, showing precisely how they dis- 
bursed money expended, the names of the persons who have received the 
bounty, the ages and places of residence of such persons, and information as 
to their progress, which statement shall be accompanied hj the A'ouchers of 
all sums expended. 

Civ. '12, § 80; Civ. '02, § 77; G. S. 53; R. S. 74; XVI, 707. 

(91) § 14. Work of Code Commissioners to Be Examined. — At each ses- 
sion of the General Assembly a Joint Committee consisting of three mem- 
bers shall be appointed, whose duty it shall be to inquire into the progress 
of the Code Commissioner in the work and to make a report to the two 
Houses. 

Civ. '12, § 86; Civ. '02, § 82; 1896, XXII, 2. 

(92) § 15. Census Commission. — When the census takers shall have 
made returns, the Secretary of State shall forthwith report the results of 
such registration to the Governor of the State for the time being, and shall 
make a collated return of the statistics to the General Assembly, at its next 
regular session. 

Civ. '12, § 87; Civ. '02, § 83; G. S. 56; R. S. 77; 1896, XXII, 280; XV, 934. 



CIVIL CODE OF SOUTH CAROLINA. 57 

(93) § 16. Commissioners of Sinking Fund to Make Annual Report. — 

The Commissioners of the Sinking Pvmcl shall annuallj- report to the Gen- 
eral Assembly the condition of the Sinking Fund, and all sales or other 
transactions connected therewith. 

Civ. '12, § 88; Civ. '02, § 84; G. S. 57; R. S. 78; XIV, 388. 

(94) § 17. Railroad Commissioners to Make Annual Report. — The Rail- 
road Commissioners shall make an annual report to the Legislature of their 
official acts, including such statements, facts and explanations as will dis- 
close the actual working of the system of railroad transportation in its 
bearing upon the business and prosperity of the State; and such sugges- 
tions as to the general railroad policy of the State, or as to any part thereof, 
or as to the condition, affairs or conduct of any of the railroad corporations, 
as may seem to them appropriate, with a special report of all accidents, and 
the causes thereof for the preceding year. 

Civ. '12, § 89; Civ. '02, § 85; R. S. 79; 1882, XVII, 819. 

(95) § 18. County Commissioners to Report to Comptroller General. — 

The Commissioners of each county shall on or before the fifth day of Janu- 
ary in each year report to the Comptroller General, to be incorporated in 
Ms annual report, and laid before the General Assemblj^, a detailed account 
of all their doings, in such form as the Comptroller General shall direct or 
prepare and forward to them for such purpose. 

Civ. '12, § 90; Civ. '02, § 86; G. S. 58; R. S. 80; 198(5, XXII, 206. 

(96) § 19. Health Officers to Keep Records and Report Monthly.— The 
Health Officers at Georgetown, Charleston and Hilton Head shall keep a 
faithful record of all their doings required by law, and report the same to 
the Governor at the end of each month. 

Civ. '12, § 91; Civ. '02, § 87; G. S. 59; R. S. 81; XIV, 117. 



CHAPTER VI. 

The Public Property. 

Article 1. Charge of the property of the State; the Sinking Fund Com- 
mis.sion; insurance of public property, 57. 

Article 2. Land containing phosphate rock and phosphatic deposits ; Phos- 
phate Commissioners, 73. 

Article 3. Historical Commission, 79. 

Article 4. Commission for State House and Grounds, 82. 

Article 5. Other property of the State ; miscellaneous provisions, 82. 

ARTICLE I. 

Charge of the Property of the State — The Sinking Fund Commission. 

(97) § 1. AU Public Property Under Charge of Secretary of State, 
Unless Otherwise Provided. — -The Secretary of State shall take charge of 
all property of the State, the care and custody of which is not otherwise 
provided for by law. He shall hold the same subject to the directions and 



58 CIVIL CODE OF SOUTH CAROLINA. 

instructions of the Conimissioners of the Sinking- Fund, and act as their 
agent in such redemption, lease, and sale, as they may make, for forfeited 
and vacant lands, and lands purchased by the late Land Commissioners of 
the State, and in the negotiations therefor and arrangements in relation 
thereto. 

Civ. '12, § 92; Civ. '02, § 88; G. S. 60; R. S. 82; 1878, XVI, 558; 1883, XVIII, 380. 

Title of lands purchased by Land Commissioner were properly not made to the State, but to 
that officer, and passed to his successor in office. State r. Evans, 33 S. C. 184, 11 S. E. 697. 

The Statute of Uses did not vest such title in the State. State v. Evans, 33 S. C. 184, 
11 S. E. 697. 

Suit against the Sinking Fund Commissioners on contract for sale of land made by thejr 
predecessor, the land commissioner, cannot be maintained, being in effect a suit against the 
State. Lowry v. Thompson, 25 S. C. 416, 1 S. E. 141. The Secretary of State is the custodian 
of the State's property. Tindal Ji. Wesley, 167 U. S. 211; Wesley v. Tindal, 81 Fed. 614. 

(98) § 2. Vacant Lands Grantable to Purchasers for Value ; Control of 
Sinking Fund Commission. — No grant of vacant lands shall be issued 
except to actual purchasers thereof for value; and all vacant lands and 
lands purchased by the late Land Commissioners of the State shall be like- 
wise subject to the directions and instructions of the Commissioners of the 
Sinking Fund. 

Civ. '12, § 93; Civ. '02, § 89; G. S. 61; R. S. 83; 1878, XVI, .559. 
Wesley r. Tindal, 81 Fed. 614. 

(99) § 3. Who Constitute the Sinking Fund Commission, and Their' 
Duties. — For tlie purpose of paying the present indebtedness of the State, 
the Governor, Comptroller General, State Treasurer, and the Attorney 
General of the State, the Chairman of the Finance Committee of the Sen- 
ate, and the Chairman of the Committee of Ways and Means of the House 
of Representatives, are constituted Commissioners, to be known and desig- 
nated as "the Commissioners of the Sinking Fund," to receive and manage 
the incomes and revenues set apart and applied to the Sinking Fund of the 
State ; and the State Treasurer shall be Treasurer of the Commissionei'S of 
the Sinking Fund; and all moneys arising from the redemption of lands, 
leases and sales of property, or otherwise coming to said Commissioners of 
the Sinking Fund, shall be paid into the State Treasury, and shall be kept 
on a separate account by the Treasurer as a fund to be drawn upon the 
warrants of the Commissionei'S of the Sinking Fund for the exclusive uses 
aud purposes which have been or shall be declared in relation to the said 
Commissioners of the Sinking Fund : Provided, That the Chairman of the 
Senate Finance Committee and the Chairman of the Committee of Ways 
and Means of the House of Representatives, shall, after each general elec- 
tion, continue to be members of the Commissioners of the Sinking Fund 
until their successors shall be elected or appointed. 

Civ. '12, § 94.; Civ. '02, § 90; G. S. 62; R. S. 84; 1870, XIV, 388; 1883, XVIII, 380. 
Wesley v. Tindal, 81 Fed. 614. 

(100) § 4. Sales of Property Not in Actual Public Use — Disposition of 
Proceeds — Exception. — It shall be the duty of the Commissioners of the 
Sinking Fund to sell and convey, for and on behalf of the State, all such 
real or personal property, assets and effects belonging to the State as are 
not in actual public use ; and all such lands sold under execution for delin- 
quent taxes as have been or may hereafter be purchased for and conveyed 
and delivered to them pursuant to the provisions of Section (523) ; said sales 



CIVIL CODE OF SOUTH CAROLINA. 59 

to be made from time to time, in such manner, and upon such terms, as they 
may deem most advantageous to the State. The purchase money of said 
lands or other property shall be paid in the following kinds of funds, and 
no other, to wit: Gold and silver coin. United States currency, National 
Bank notes, and coupons which shall be due and payable on the consoli- 
dated bonds of this State known as Brown Bonds. The proceeds of all 
such sales shall be set aside, and awarded to the Sinking Fund of the State. 
This shall not be construed to aiithorize the sale by the Commissioners of 
any property held in trust for a specific purpose by the State, or the prop- 
erty of the State in the phosphate rocks or phosphatic deposits in the beds 
of the navigable streams and waters and marshes of the State. 

Civ. '12, § 95; Civ. '02, § 91; G. S. 63; R. S. 85; XVI, 558, 811; 1887, XX, 863; 1892, 
XXI, 87. 

Tindal r. Wesley, 167 V. S_ 311; Wesley v. Tindal, 81 Fed. 614. 

(101) § 5. Annual Report of Sales and Transactions — Investments — 
Compensation. — The Cominissioners shall animaily report to the General 
Assembly the condition of the Sinking Fund and all sales or other transac- 
tions connected therewith; and all the revenues derived from such sales 
shall be applied to the extinguishment of the public debt, by investing the 
same in the public securities of the State. Each of the Commissioners, 
except those who as State oiBcers reside in Columbia, shall receive five dol- 
lars a day for each day actually engaged in attending the meetings of said 
Commission, and in going to and returning from the same, and a mileage 
of five cents per mile for each mile of travel in going to and returning from 
each session; the same to be paid out of any funds in their possession. 

Civ. '12, § 96; Civ. '02, § 92; G. S. 64; R. S. 86; XIV, 388; 1884, XVIII, 864. 

(102) § 6. Sinking Fund Commission May Lend Money on Bonds, Etc. 

— The Sinking Fund Commission are hereby authorized when unable to 
purchase valid bonds of this State at par to lend the sinking fund at such 
a rate of interest as may be agreed upon between them and the borrower, 
not less than 4i^ per centum per annum, on the security of the said bonds, 
sufficient to cover the loan and interest at the par value of the bonds, the 
bonds to be deposited with the State Treasurer as security for the loan and 
as collateral to the personal obligation of the borro.wer, to be taken by said 
Commission, showing the terms and maturity of the loan. 
Civ. '12, § 97; Civ. '02, § 93; 1896, XXII, 184. 

(103) § 7. Sinking Fund Commission May Lend Money to Counties. — 

The Sinking Fund Commission are hereby authorized and required, when 
in the judgment of said Commissioners of the Sinking Fund valid bonds of 
the State are not offered or attainable at a reasonable price, to lend the 
money of the Sinking Fund Commission, both accumulated and ordinary, 
for a period of one or more years at a rate of interest of five per cent, per 
annum. 

Civ. '12, § 98; Civ. '02, § 94; 1897, XXII, 440; 1911, XXVII, 223. 

The said loan shall be made by the said Commissioners upon the valid 
securities of the several States of the United States, giving preference 
thereto, or upon the note of the County Treasurer and County Supervisor 



60 CIVIL CODE OF SOUTH CAROLINA. 

of any of the counties of this State, who shall make application for a loan, 
provided the said loan be not more than two-thirds of the tax levy of said 
county, and the whole of the taxes of the said county shall be pledged for 
the repaj'ment of the money so borrowed of the said Sinking Fund Com- 
mission. 

1898, XXII, 725; 1911, XXVIII, 223. 

When Loan Paid. — The County Treasurers of the respective counties 
borrowing funds of the Sinking Fund Commission shall pay the note so 
given out of the first taxes collected for the fiscal year for which the said 
money is borrowed. 

189T, XXII, 441. 

(104) § 8. Application for Loans — ^When Received and How Loans 
May Be Made. — The Sinking Fund Commissioners shall receive applications 
for the various counties and file the same until the first day of March of 
every subsequent year hereafter, and if the applications aggregate more 
than the entire fund in the hands of the Sinking Fund Commissioners, said 
Commissioners shall prorate the loan to be made to the several counties in 
proportion to the taxes paid by the respective counties : Provided, That 
no loan shall be made to any county in excess of two-thirds of the amount 
of the tax levy for such comity for county purposes. 

Civ. '12, § 99; Civ. '02, § 95; 1897, XXII, 441; 1898, XXII, 725; 1911, XXVII, 223. 

(105) § 9. County Treasurers Violating § 7 to Be Punished — Any County 
Treasurer who shall violate the provisions of Section 7 of this Article shall 
be fbied, on conviction thereof, a sum not exceeding one thousand dollars, and 
his bond shall be liable to said Sinking Fund Commission for the amount 
of the loss sustained by said Commission, together with all costs and 
expenses thereof. 

Civ. '12, § 100; Civ. '02, § 96. 

(106) § 10. In What Money Loans Must Be Paid.— In the case of all 
loans, to whatsoever person, corporation or county, made bj' the Commis- 
sioners of the Sinking Fund of the State, whether of the ordinary sinking 
fund, or of the cumulative sinking fund (for the reduction and payment of 
the South Carolina 4I/2 per cent. Brown Bonds and Stocks), and in the ease 
of all bank deposits of said sinking fund, the principal thereof, and the 
interest and other charges, costs and dues accruing on said loans and 
deposits, shall be payable in, and shall always be paid to the said Commis- 
sioners of the Sinking Fund in the following kinds of funds and in no other, 
to wit: in gold and silver coin of the United States, in LTnited States cur- 
rency, and in National Bank notes. 

Civ '12, g 101; Civ. '02, § 97; 1899, XXIII, 119. 

(107) § 11. Title of State by Forfeiture Renounced — Eeservation as to 
Dues and Acceptance. — The State of South Carolina hereby renounces 
all title by forfeiture for nonpaj'ment of taxes to each and every parcel of 
land in the several counties of the State listed on the forfeited land record 
on the twenty-foiirth day of December, 1887, and will treat them hereafter 



CIVIL CODE OF SOUTH CAKOLINA. 61 

as the lands of the former owner, his heirs or assigns ; but this renunciation 
of title is upon the reservation and condition that the State may hereafter 
collect by suit at law, or other legal method, from said lands a sum equal to 
the aggregate amount of all annual assessments for taxes with the penalties 
that might and would have been assessed and charged against the said lands 
in case the same had never been declared delinquent and forfeited ; and the 
retention of the possession and use of said lands for ninety days after the 
said 24th day of December, 1887, by said former owner, his heirs or assigns, 
shall be deemed sufficient evidence of his or their acquiescence in and accept- 
ance of the reservations and conditions of said renunciation of title. 
Civ. '12, § 102; Civ. '02, § 98; 1887, XIX, 864. 

(108) § 12. Sinking Fund Commission to Hear Petition for Relief. — 

The Sinking Fund Commission is hereby authorized to hear and determine 
upon satisfactory proof the petition of any taxpayer praj'ing relief on 
ground that all taxes, as described in last Section, have been paid or that 
portions of such taxes have been paid and an oifer to pay the balance, accom- 
panied by the sum admitted to be owing. And the said Sinking Fund 
Commission shall grant such relief in the premises as may be just. 

Civ. '12, § 103; Civ. '02, § 99; 1888, XX, 52. 

(109) § 13. Lien of State for Taxes — How Enforced. — To secure the 
entire debt due the State for prior taxes or other dues accrued to the State 
to and including the levy of 1886, or for any other purpose whatsoever, and 
for the levy of 1887, and for all subsequent levies, as they may have accrued 
or shall accrue upon each parcel of said land, and the costs and penalties 
due thereon, the State shall have a prior and preferred lien upon said lands, 
to be enforced and asserted in any court of competent jurisdiction by the 
Commissioners of the Sinking Fund, in such cases, at such time, and to such 
extent, as they may deem most advantageous to the interests of the State. 
The proceeds of any sale ordered by the court in such suit shall be applied 
first to the payment to the Sinking Fund Commission of the taxes, costs and 
penalties charged against the property, and next to the payment of the 
taxed costs in the suit and expenses of sale, and the surplus, if any there be, 
shall be paid over to the former owners or parties in interest as their inter- 
est may appear. 

Civ. '12, § 104; Civ. '02, § 100; R. S. 372; 1889, XX, 345; 1887, XIX, 865, g 6; 1888, 
XX, 52, § 3. 

(110) § 14. Lands Not on Tax Books to Be Surveyed, Listed and 
Charged. — The Commissioners of the Sinking Fund are hereby authorized 
to have surveyed any lands that they are informed or believe have been 
continuously for ten or more immediatelj^ preceding years upon neither the 
Tax Duplicate or Forfeited Land List of this State ; and if after such sur- 
vey the said absence from said tax books be found to exist, to cause the said 
laud to be placed upon the Tax Duplicate in the owner's name, if known, 
or in the name of "Unknown," if the owner's name be not known, charged 
and taxed with the entire cost of the survey and investigation, and fifty 
per cent, penalty additional thereto, and with the taxes for five years imme- 
diately preceding, and collecting the same under existing laws for collee- 



62 CIVIL CODE OF SOUTH CAROLINA. 

tion of taxes. The County Treasurer shall pay to the Sinking Fund Com- 
mission said costs of survey and said fifty per cent, penalty additional 
thereto from amount collected, and apply the residue as provided by law. 
Civ. '12, § 105; Civ. '02, § 101. 

Description of Sinking Fund Commission. — This Section shall be by the 
Sinking- Fund Commission applied to such extent and in such cases as they 
may deem most advantageous to the State. 

Civ. '12, § 105; Civ. '02, § 101. 

Lands listed as "unknown" bv '"D. S Agent" represents the agent as owner, and tax sale 
is void. Hudson v. Schumpert, 80 S. C. 23, 61 S. E. 104. 

(111) § 15. Settlement of Tax Execution. — The County Auditors and 
Treasurers shall annually have a full and final settlement as to tax execu- 
tions issued by said Treasurers within twelve months after the expiration 
of the time allowed by law for the payment of taxes in any year. 

Civ. '12, § 106; Civ. '02, § 102; 1896, XXII, 255. 

(112) § 16. Nulla Bona Tax Executions to Be Returned to Auditors. — 

All executions issued for the collection of taxes by the County Treasurers 
and returned "nulla bona" for any reason or "double entry," or which are 
not collected for any reason, shall be filed in the Auditor's office within one 
year from the expiration of the time for the payment, without penalty, of 
the taxes for the collection of which the executions are issued. 
Civ. '12, § 107; Civ. '02, § 103; 1898, XXII, 726. 

Auditors to Receipt Therefor. — The Auditor, on the filing of the said 
executions, shall give a receipt to the County Treasurer for the same, stating 
the amount due on each execution and the name of the party against whom 
the execution is issued, the kind and location of the property, the nature of 
the SherifE 's return and as full description of the property as he can furnish 
from his records, and he shall at the same time furnish a duplicate of said 
receipt to the Secretary of State, as agent of the Sinking Fund Commis- 
sion. 

Civ. '12, § 107; Civ. '02, § 103; 1898, XXII, 726. 

(113) § 17. Auditors', Sheriffs', and Treasurers' Books Accessible to 
Sinking Fund Commission's Agents — Duties and Powers of Agents. — 

Any agent of the Sinking Fund Commission shall be allowed free access by 
the Auditors, the Treasurers and Sheriffs to said executions, and to the tax 
books, and to all records in their respective offices relating to tax matters, 
and may proceed to collect all tax claims pertaining to said execution, and 
also which pertain to such executions for taxes uncollected which may be lost 
or otherwise unaccounted for by the Sherifi: or Treasurer in any year prior 
or subsequent to the jDassage of this Article, and all back taxes on lands and 
buildings, and on railroad property, real and personal, which are off the 
tax books, or being on the tax books are found to have escaped the payment 
of taxes in any year or years, from any cause, said taxes being past due and 
unpaid for twelve months, and not stayed by the action of any judicial 
process, including all cases of partial returns and payment of taxes on lands 
by anjr taxpa.yer who returns and pays in less than his titles call for, whose 
whole estate shall in all such cases be held liable under the prior and pre- 



CIVIL CODE OF SOUTH CAROLINA. 63 

ferred lien for unpaid taxes under the provisions of this Article for any 
such shortage in returns and payments in proportion to the said shortage, 
and turn the proceeds into the ordinary sinking fund of the State under 
proceedings now pro\aded by law ; and the Secretary of State, as agent of 
the Sinking Fund Commission, is hereby authorized, in cases of railroad 
property, real and personal, to fix the value thereon for the purposes of this 
Article, subject to the right of the taxpayers to appeal to the State Board of 
Equalization of railroad property, to be convened in extra session at the 
request of the Secretary of State, and the decision of said Board shall be 
final, and shall proceed to issue his execution against said property for the 
collection of said back taxes, costs and penalties, and collect the same under 
the provisions of Sections 18 to 24 herein, inclusive. 

Civ. '12, g 108; Civ. '02, § 104.; 1898, XXII, 726. 

(114) § 18, Powers of Secretary of State as to Forfeitured Lands — Valu- 
ation, — It shall be lawful for the Secretary of State, as agent of the Com- 
missioners of the Sinking Fund, or for his authorized agent, to prepare a 
statement of the simple taxes, with fifteen per cent, penalty thereon for 
each and every levy which to him or his agent appears past due and unpaid 
upon any land, buildings, and railroad property, real or personal, upon 
which any levj made by the Legislature appears past due and ujipaid for 
twelve months ; the calculation of taxes due shall be made at such valuation 
as the Secretary of State may deem just and equitable. 

Civ. '12, § 109; Civ. '02, § 10.5; 1892, XXII, 82. 

(115) § 19. Entry on Lands and Proceedings,^ — The Secretary of State 
shall then, by himself or his agent, enter upon the lands and personally 
serve a copy of such statement of dues, with a demand for payment of same, 
together with the necessary mileage, advertisement, and other costs and 
charges accrued thereon, upon any person whom he finds in possession of 
the land, or of any part thereof ; and if he fails to find any one in possession 
of the land, or any part thereof, upon such entry he shall post a copy of 
such statement and demand upon the premises, and shall serve such person 
or persons as to him or his agent appears to be the last owner, with a copy 
of the said statement and demand, if such owner or party in interest be a 
resident of the county in which said land is located ; otherwise he shall, for 
three consecutive weeks, insert in some paper published in the county, or 
having a circulation therein, an advertisement, briefly describing the land, 
with the total amount due thereon, together with the mileage, advertisement 
and other costs, and a demand for the payment of the same within three 
weeks from the date of the first insertion, under pain of distress and sale 
of the land to satisfy said demand, with costs. If payment in gold, silver 
or i^aper, national currency of the United States, be not made within three 
weeks from the date of personal service, posting or first insertion of adver- 
tisement as above provided, then it shall be lawful at any time thereafter 
for the Secretary of State, as agent of the Commissioners of the Sinking 
Fund, to issue, in the name of the State, a warrant or execution in dupli- 
cate against the said land upon which said taxes, penalties, costs and charges 
are due, signed by him in his official capacity, directed to the Sheriff of the 
county in which the said land is situated, or to his lawful deputy, requiring 



64 CIVIL CODE OF SOUTH CAROLINA. 

and commanding him to le\'y the same by distress and sale of all of the said 
land in default to satisfy the taxes, State, school, county or other special 
levies, penalties, costs and charges against the property in the statement, 
f.ogether with the Sheriff 's fees and costs, which warrant or execution shall 
run substantially in these words (filling the blanks to suit each case), viz.: 

Secretary of State as ex officio agent of the Commissioners of 

the Sinking Fund, to the Sheriff of County, or to his lawful 

deputy: Whereas, it appears that that lot or parcel of land, described as 

acres, more or less, situate in Township and 

County, bounded by lands of , is in default for taxes, penalties 

and costs to the amount of $ , as will more fully appear by the 

attached statement and demand, and by the return of the Secretary of 
State, or his agent, endorsed thereon, as to the service, posting, or advertise- 
ment of same as law requires, and the neglect of owner or person in interest 
to pay the above charges : These are, therefore, in the name of the State, 
strictly to charge and command you to levy by distress and sale of the said 

land the sum of dollars, together with dollars, the 

penalties, costs and charges thereof, and for so doing this shall be your 

sufficient warrant. Given under my hand and seal this day of 

, A. D. 19.... 



Secretary of State and ex officio Agent of the Commissioners of the Sinking 
Fund. 
Civ. '12, § 110; Civ. '02, § 106; 1892, XXII, 82. 

(116) § 20. Fees, Costs and Expenses. — For every such statement and 
demand prepared, and so personally served or advertised by the Secretary 
of State, there may be collected for the Commissioners of the Sinking Fund, 
to be used for the benefit of the State, not more than three dollars, five cents 
per mile for every mile actually traveled, in entering upon the premises or 
service of the statement of dues and demand in going and returning, and 
not more than one dollar for advertising, and for everj' warrant issued by 
the Secretary of State, not more than two dollars. And the Sheriff shall 
take out of said land in default the following fees in the execution of his 
ofSce : For serving warrant, one dollar, besides mileage at the rate of five 
cents for each mile actually traveled in executing the warrant; for adver- 
tising sale, twenty-five cents; for making sale and executing deed, three 
dollars; and for all sums levied as the simple taxes, as aforesaid, five per 
cent. : Provided, The printer 's charge for advertising shall not exceed 
fifty cents for each tract of land levied on under execution ; and the Sheriff 
is prohibited from demanding or collecting any greater sum therefor than 
is hereby allowed; nor shall he receive fees upon null bona returns, nor 
from any other source than from the particular parcel upon which the par- 
ticular fees, costs and charges accrue. 

Civ. '12, § 111; Civ. '02, § 107; 1892, XXII, 82. 

(117) § 21. Sheriffs' Possession, Sale, Proceedings and Distribution of 
Proceeds. — Under and by virtue of said warrant or execution the Sheriff 
shall seize and take exclusive possession of said land in default, and, after 
due advertisement, sell the same before the court house door of the county, 



CIVIL CODE OF SOUTH CAROLINA. 65 

on a regular sales day, and within the usual hours for public sales, for 
cash; make title therefor to the purchaser complying with terms of sale, 
and annex to said title the duplicate warrant, with endorsement thereunder ; 
put the purchaser in possession of the property sold and conveyed, and, 
after deducting from proceeds of sale the amount of taxes, penalties, costs 
and charges, shall pay over to the former owner, or to parties in legal inter- 
est, as their interest may appear upon conclusive proof thereof, the surplus, 
if any there be, and shall pay to the Secretary of State, as agent of the 
Commissioners of the Sinking Fund, within ninety days from the date 
when the execution was jjlaced in his hands, all the taxes, penalties, costs 
and charges other than the Sheriff's costs for levy, advertisement, and sale: 
Provided, That if the surplus be not paid over by the Sheriff within six 
months, to the former owner of land, or to the party formerly of legal or 
equitable interest in the land, upon a conclusive proof of the Sheriff of such 
ownership or legal interest, then, at the expiration of the said six months, it 
shall be the duty of the Sheriff to pay over said surplus to the Secretary of 
State, with an accompanying statement, certified to by him officially, fully 
describing the land from which the particular surplus was derived, and 
showing clearly the amount for which said land was sold, the amount of 
costs and charges disbursed therefrom by him and the surplus remaining, 
and thereby paid over; said surplus shall be, by the Secretary of State, 
turned over to the Treasurer of the Sinking Fund, with the said accompany- 
ing statement, and be held by him for five years from date of sale, subject 
to the order of the Board of Commissioners of the Sinking Fund for the 
refunding of the same to any person or persons conclusively proving to the 
said Board that they are entitled to said surplus, or any part thereof, on 
account of their former ownership or legal interest. And that any surplus 
not so refunded within five years shall be passed to the general Sinking 
Fund of the State. In ease there be no bid equal in amount to the taxes 
named in said warrant or execution the County Auditor shall buy the land 
for the Commissioners of the Sinking Fund as the actual purchaser thereof 
for the amount of said taxes, costs, penalties and charges, and the Sheriff 
shall thereupon execute titles to the said Commissioners of the Sinking Fund 
as to any other purchaser and in the manner above provided, and shall put 
them or their authorized agent in possession of the premises, upon the pay- 
ment to him, bj' the Commissioners of the Sinking Fund, the costs and fees 
above provided for the Sheriff. The land so sold and purchased and deliv- 
ered to the said Commissioners of the Sinking Fund shall be treated by 
them as assets of the State in their charge and by them sold at such times 
and in such manner and upon such terms as by them shall be deemed most 
advantageous to the State. 

Civ. '12, § 112; Civ. '02, § 108; 1892, XXII, 82. 

Failure to proceed against personal property renders deed to land under tax sale void. John- 
son V. Jones, 73, S. C. 270, 51 S. E. 805. Fraudulent purchase bv taxpayer in name of third 
party. Ih., State v. Evans, 33 S, C. 184, 11 S. E. 697. The defaulting taxpayer has the right to 
redeem bv paving the taxes and costs at anv time prior to the sale. Ebaugh v. Mnllina.x, 40 S. C. 
244, 18 'S. E. 802. 

(118) § 22. Petition by Owner — Appeal to Sinking Fund Commission 
— Proceedings, — In case any owner or person having any interest in any 



66 CIVIL CODE OF SOUTH CAROLINA. 

parcel of such land alleged to be in default by the Secretary of State as 
aforesaid, shall allege that the taxes have been paid, he can, and may, 
before the issuing of the warrant to the Sheriff, set forth his alleged griev- 
ance by petition in writing, accompanied with such evidence in writing as 
he may desire to submit, to the Secretary of State, whose duty it shall be to 
pass upon the same; and if the petitioner shall be dissatisfied with the 
ruling of the Secretary of State, he shall have the right of appeal to the 
Board of Commissioners of the Sinking Fund, who are authorized to hear 
and pass final judgment upon such appeal, provided the appealing peti- 
tioner, within twenty days of the ruling of the Secretary of State, file with 
the Secretary of State a written appeal to the said Board, with all papers in 
the case, and pending the decision of the said Board on such appeal there 
shall be a stay of the issuing of the warrant to the Sheriff : Provided, That 
if, before the issuing of the execution by the Secretary of State to the 
Sheriff, any owner or person interested in the land shall personally file with 
the Secretary of State, or with his agent, notice that he deems the valuation 
fixed by the Secretary of State as excessive, and that he desires the Town- 
ship Board of Assessors to value the property, then it shall be the duty of 
the Secretary of State, or his agent, to call upon the said Township Board 
of Assessors for the township in which the land is located, to certify to him 
a valuation of the said land, with improvements thereon, under pain of any 
member being removed from office and being fined five dollars by any 
Magistrate (one-half of said fine for the benefit of the Commissioners of 
the Sinking Fund and one-half for the person demanding the valuation), 
who shall fail to so certify a valuation within one week, and such valuation 
by the members of the said Board of Assessors, or a majority of them, shall 
be final and conclusive, without right of appeal therefrom: And provided, 
further. If the said owner, or persons, in interest, do not appear and per- 
sonally serve in writing the Secretary of State, or his agent, with such per- 
sonal notice of appeal to the Township Board of Assessors, they shall be 
ever afterwards barred from any appeal whatever from the valuation placed 
upon the land by the Seeretarj' of State, or his agent. 

Civ. '12, § 113; Civ. '02, § 109; 1892, XXII, 82. 

(119) § 23. Tax Duplicate to Be Prima Facie Evidence — Rebutting Evi- 
dence Limited.; — The failure of the tax duplicates to show the payment of 
any levy, or part thereof, made by the General Assembly, shall in all courts 
of this State, be received as prima facie evidence of the nonpayment of 
such levy, or part thereof, and of the existence of the State's prior and 
preferred lien upon the land to secure the payment of such leYj, or part 
thereof, with such penalties and costs as may have accrued thereon, and as 
a sufficient warrant for the execution and sale herein pi-ovided, and no 
rebutting evidence shall be in anj^ proceeding in this State admitted except 
the production of the tax receipt, signed by the County Treasurer, or a 
receipt or certificate, signed by the Secretary of State, or his agent, show- 
ing that said levy, or part thereof or any penalties and costs that may have 
accrued thereon, were paid at the proper time and to the person authorized 
by law to receive it : Provided, further. That such receipt, or certificate of 



CIVIL CODE OF SOUTH CAROLINA. 67 

payment, shall be evidence only as to the particular le^^ to which it refers, 
and shall not affect any other levy, or charges or action hereunder. 
Civ. '12, § 114; Civ. '02, § 110; 1892, XXII, 82. 

(120) § 24. Sheriff's Deed Prima Facie Evidence — Limitation of Action 
— Necessary Evidence. — In all cases of sale, the Sheriff's deed of convey- 
ancBj whether executed to a private person, a corporation, or to the Com- 
missioners of the Sinking Fund, shall be held and taken as prima facie 
evidence of good title in the holder, and that all proceedings have been 
regular and all requirements of the law have been complied with. No 
action for the recoverj' of land sold by the Sheriff under the provisions of 
this Act, or for the recovery of the possession thereof, shall be maintained 
unless brought within one j^ear from the date of sale, and unless it be 
sustained by conclusive evidence from the tax duplicate, or from a tax 
receipt signed by County Treasurer, or by a certificate signed by the Secre- 
tary of State, or by his agent, showing that all of the taxes and levies for 
which the land was sold, with the costs that may have accrued thereon, were 
paid prior to the sale, at the proper time, and to the properly authorized 
officials. 

Civ. '12, § 115; Civ. '02, § 111; 1892, XXII, 82. 

Limitation of action to recover. H^i^l-er v. Schumpert, 80 S. C. 25, 61 S. E. 104; Heyward 
V. Cliristensen, 80 S. C. 146, 149, 61 S. E, 399 See, also, post, § (531). 
Taylor et al v. Strauss et al, 95 S. C. 295; 78 S. E. 883. 

(121) § 25. Cumulative Remedies — Existing Suits. — The remedy 
afforded by Sections 18 to 24, inclusive, is additional to existing remedies, 
and the Commissioners of the Sinking Fund shall always have the choice 
of remedies, and the right to abandon either remedy at any stage of pro- 
ceedings and adopt any other existing remedy. The provisions of Sections 
18 to 24 herein, inclusive, may be applied to cases already in suit, as well as 
to other cases. 

Civ. '12, § 116; Civ. '02, § 112. 

(122) § 26. Sinking Fund Commission's Power to Investigate Irregu- 
larities and Shortages in Tax Collections. — Except as to the collection of 
all such tax claims as are described and set forth in Section 17, the Sink- 
ing Fund Commission shall not collect any tax for the Sinking Fund Com- 
mission : Provided, That the Sinking Fund Commission shall have the right 
to fully investigate all cases of tax receipts issued by County Treasurers, 
Sheriffs or Deputy Sheriffs, found by the agent in the hands of the taxpay- 
ers, the money therefor being not turned over and accounted for by such 
Treasurer, Sheriff or Deputy Sheriff, and other like irregularities and short- 
ages found to exist against the said officers in the manner of tax collections ; 
and the right and power to collect the money due in all such cases, by an 
action or actions which they are hereby authorized to bring in any court of 
competent jurisdiction under existing laws, such sums being past due and 
unpaid for twelve months, and having escaped the detection and correction 
by the Comptroller General in the annual settlement between the Aiaditor 
and Treasurer : Provided, That such action shall in no manner affect the 
criminal liability of such defaulting officer : Provided, further. That when 
the Sinking Fund Commission shall collect any moneys on account of said 



68 CIVIL CODE OF SOUTH CAROLINA. 

shortages, they shall retain, for the benefit of the State Sinking Fund, only 
the State's portion of the taxes thereon, and refund all the balance thereof 
to the County Treasurer, where it belongs, after deducting ten per cent, of 
said balance on account of expenses of collecting said balance. 

Civ. '12, § 117; Civ. '02, § 113; 1900, XXIII, 353. 

(123) § 27. Sinking Fund Commission to CoUect Unpaid School Taxes. 

— Whenever, under operation of existing law, unpaid taxes, costs and pen- 
alties have become, or hereafter shall become, assets of the State in charge 
of the Commissioners of the Sinking Fund by reason of the same being past 
due and unpaid for twelve months, whether the same be upon or off the 
tax duplicate, or upon or off the forfeited land list as forfeited prior to 
December 24th, 1887, the Secretary of State, as agent of the Commissioners 
of the Sinking Fund, shall hereafter, once a year, pay over to the respective 
County Treasurers (to be by them placed to the credit of the common 
school fund), out of such assets as may have been collected by him during 
the year, so much thereof as would have been the simple constitutional 
school tax had the same not become assets of the State in charge of the 
Commissioners of the Sinking Fund, as aforesaid. 

Civ. '12, § 118; Civ. '02, § 114; 1896, XXII, 61. 

(124) § Disposition of Lands Forfeited and Sold to State. — The 

Sheriff of each county shall be required, at the re(iuest of the Sinking Fund 
Commission, to take and hold possession of all lands forfeited and sold to 
the State for taxes, and rent out the same for said Commission and negoti- 
ate sales of the same, and shall rent out and negotiate sales of any lands in 
his county belonging to the State, and collect all of said rents, and have the 
right to proceed to collect the same, in the name of the Commission, by any 
and all of the proceedings allowed b.y existing law. 

Civ. '12, § 119; Civ. '02, § 115; 1898, XXII, 729. 

(125) § 29. Sheriff's Renting and Sales — Commissions — Returns to 
State Secretary — Costs — Supervision — Liability. — For doing said renting 
he shall have a commission of ten per cent, on all rents collected, and for 
making sales he shall have five per cent, of the amount realized from said 
sale; but he shall receive his commissions on each installment when it is 
paid, if the sale should be partly for cash and partly on time. The Sheriff 
shall promptly send to the Secretary of State a minute and full description, 
in writing, of all property purchased at tax sale for the Sinking Fund Com- 
mission, and shall promptly send to the Secretary of State a title deed for 
all real estate so purchased, made and executed in the manner and form 
approved by the Attorney General ; and no costs or fees allowed by law to 
County Treasurers, Auditors or Sheriffs for issuing execution, making 
levy, sale or deed, taking and holding exclusive possession, or for noting 
transfer in such eases, shall be paid by the Commissioners of the Sinking 
Fund to said County Treasurers, Auditors or Sheriffs until the land or 
}iroperty upon which said costs or fees accrued shall have been sold by the 
Commissioners of the Sinking Fund and paid for, or until he collects 
sufSeient rent from any parcel of land to pay costs and fees accrued 
thereon : Provided, That in cases where any such sale and conveyance have 



CIVIL CODE OF SOUTH CAROLINA. 69 

occurred since the eighteenth day of Febriiaiy, A. D. 1898, the Commis- 
sioners of the Sinking Fund, after the deed of conveyance and the posses- 
sion of the land have been turned over to them, and they have become 
satisfied as to the regularity of the proceedings under which the land was 
sold and conveyed, shall be, and are hereby, authorized to pay at once any 
costs and fees of any County Treasiirer, County Auditor or Sheriff incurred 
in reference to such land. That in holding, or renting, or negotiating sales 
of property, or collecting money for the Commissioners of the Sinking 
Fund, the Countj' Sheriff shall act under their direction and control, and 
shall make reports and render accounts and make settlement in such 
manner and at such times as said Commission may require. 

The said Sheriff's official bond shall be liable for the funds so collected 
for the Sinking Fund Commission, less his commissions on the same. 
Civ. '12, § 120; Civ. '02, § 116; 1899, XXIII, 259. 

(126) § 30. Expenses of Survey — How Paid. — No Expenses for survey- 
ing out abandoned lands for the Sinking Fund Commission shall be incurred 
unless a prospective purchaser shall deposit enough money with the Com- 
mission to cover said expenses of the sui"vey, or shall file a written agree- 
ment with said Commission to look to the proceeds of the lands when sold, 
and to no other source, for his pay. 

Civ. '12, § 121; Civ. '02, § 117; 1898, XXII, 729. 

(127) § 31. Commissioners to Refund Money to Purchasers Who Have 
Purchased Lands Not Abandoned. — Wlien any land sliall l)e sold by the 
Commission as abandoned lands, and it turns out that the lands are not 
abandoned, but the taxes have been paid, and the j^urchaser loses the land, 
the Commissioner shall refund the money to said purchaser. 

Civ. '12, § 122; Civ. '02, § 118. 

(128 § 32. Number of Salaried Field Agents. — The number of salaried 
field agents employed by the Commissioners of the Sinking Fund shall be 
one, at a salary not exceeding one hundred dollars per month, payable out 
of his collections for the Commissioners of the Sinking Fund, who shall 
discharge the duties imposed by the provisions of this Article, and without 
other compensation shall also perform such other field work relating to 
escheated land and other matters as the Commissioners of the Sinking Fund 
may require : Provided, That the Commissioners of the Sinking Fund may 
employ as many additional field agents as they may deem advisable, the 
sole compensation of each of whom shall be a commission not exceeding 
twenty'- five per cent, upon his actual net collections and remittances to the 
Commissioners of the Sinking Fund. 

Civ. '12, § 123; Civ. '02, § 119. 

(129) § 33. Duty of County Auditor as to Property Off Tax Books.— 
When the officials of a county charged with the assessment of property, or 
collection of taxes, shall discover any property off the tax books, the County 
Auditor is authorized to charge same on tax books (and at once notify the 
ComptroUc'- General, who shall immediately notify the Secretary of State, 
as agent of the Sinking Fund Commission), with taxes of the current year 



70 CIVIL CODE OF SOUTH CAROLINA. 

and all back taxes due, and the County Treasurer shall collect and expend 
the sanie as if the said collection were taxes of the then current year. No 
County Auditor shall charge property with back taxes after written notice 
from the agent of the Sinking Fund Commission that the back taxes on this 
particular piece of property are then in i^rocess of collection by the said 
Sinking Fund Commission. And the Sinking Fund Commission's agent 
shall give said notice to said Auditor, immediately on discovery of facts 
rendering it necessary to investigate as to any such piece of property. 
And if the said Auditor, Treasurer or Sheriff shall refuse to allow such 
free access to said executions, books and records, the said agent may proceed 
by mandamus to require him or them to give access to the same ; and if the 
said Sheriffs and Treasurers shall refuse or neglect to make the return of 
said executions to the Auditor's office in due time, they may be compelled 
by mandamus to make said return; Provided, That if the said Sheriff 
have or shall have lost any tax execution placed in his hands by the Countj' 
Treasurer in any year or years prior or subsequent to the approval of this 
Article, and cannot, or will not account for or pay for the same within one 
year from the time the taxes pertaining to said lost execution were past 
due, the said Sinking Fund Commission shall have the right to recover from 
the said Sheriffs treble the amount of such taxes and penalties, in an action 
or actions which they are hereby authorized to bring in any court of com- 
petent jurisdiction : Provided, That this provision shall not affect in any 
manner the rights and powers of Countj^ Treasurers to enforce the collec- 
tion of taxes by Sheriffs under existing laws exercised within one year from 
the time the same became past due. 

Civ. '12, § 124; Civ. '02, § 120; 1898, XXII, 725. 

(130) § 34. Public Buildings of State and of State Institutions to Be 
Insured by Sinking Fund Commission. — That all insurance on public 
buildings and on the contents thereof of the State of South Carolina and of 
all institutions supported in whole, or in part, by the State of South Caro- 
lina, shall be carried by the Sinking Fund Commission : Provided, That no 
insurance shall be carried on the State House. 

Civ. '12, § 125; Civ. '02, § 121; 1900, XXIII, 397; 1901, XXIII, 738; 1902, XXIII, 967; 
1918, XXX, 881. 

(131) § 35. Public Buildings of Counties. — That all insurance of public 
buildings of the several counties of the State of South Carolina shall be 
carried by the Sinking Fund Commission : Provided, That all policies of 
insurance issued by the Sinking Fund Commission, on the public buildings 
of the several counties of this State, which are in force on March 25, 1918, 
shall be canceled by the Sinking Fund Commission within six months after 
the date of the approval of this Article, and new policies issued at a 
premium rate to be fixed by the Sinking Fund Commission, as pro- 
vided hereinafter. 

Civ. '12, § 126; Civ. '02, § 122; 1900, XXIII, 397; 1901, XXIII, 738; 1918, XXX, 881. 

(132) § 36. Insurance of School Buildings. — That all insurance of public 
school buildings and on the contents thereof, whether such buildings are 
held and operated under the general school laws or law applicable to special 



CIVIL CODE OF SOUTH CAROLINA. 71 

school districts only, shall be carried by the Sinking Fund Commission, 
upon the expiration or cancellation of existing policies, and upon all new 
insurance : Provided, The trustees of any school district may insure school 
buildings located within incorporated cities and towns in any mutual insur- 
ance company or association doing business under the laws of the State. 

1918, XXX, 881; 1919, XXXI, 246; 1920, XXXI, 1147. 

(133) § 37. Officers Having Custody of Such Buildings to Insure as 
Provided Herein. — The proper officer, official or officials, or trustees hav- 
ing by law the care and custody of State and county buildings and of public 
school buildings, shall insure such buildings under the provisions herein set 
forth, whether such buildings have been heretofore insured or not. 

1918, XXX, 881; 1919, XXXI, 246. 

(134) § 38. Premium Rate. — That all insurance carried by the Sinking 
Fund Commission, as provided for in this Article, shall be caried at the 
same premium rate which, in the judgment of the Sinking Fund Commis- 
sion, would be charged by reliable old line insurance companies for carry- 
ing this insurance : Provided, That should the said old line insurance com- 
panies increase or decrease their rates, the Sinking Fund Commission 
shall not be required to follow such change in rates, if in their judgment 
the change is not justitivKl. 

1918, XXX, 881. 

(135) § 39. Payment of Premiums. — That the premiums on all policies 
of insurance issued by the Sinking Fund Commission shall be paid by the 
officer, official or trustee having the property insured under their care and 
custody upon demand of the Sinking Fund Commission, and in the event 
that there be no funds on hand with which to make said payment when 
demand is made, then payment shall be made out of the first funds avail- 
able for such institution, county, or school district, and until paid the pre- 
mium due the Sinking Fund Commission shall be a preferred claim : Pro- 
vided, That the Sinking Fund Commission may charge interest at the rate 
of five (5%) per cent, per annum, on all amounts due and unpaid as pre- 
mium on policies issued. 

1918, XXX, 881. 

(136) § 40. Reinsurance by Sinking Fund. — The Sinking Fund Com- 
mission shall reinsure, upon terms which the Commission may deem most 
advantageous, in reliable insurance company or companies, such portion 
of their insurance liability as is commensurate with the principles of safe 
underwriting, and shall, from time to time, prescribe such rules and regu- 
lations as may be necessary in placing and handling this reinsurance. 

Civ. '12, § 137; 1909, XXVI, 92; 1913, XXVIII, 4; 1918, XXX, 881; 1919, XXX, 246. 

(137) § 41. Disposition of Funds from Premiums. — That all funds paid 
over to the Sinking Fund Commission as premiums on policies of insur- 
ance, and all money received from interest on loans and deposits, and from 
any other source, connected with the insurance of public property provided 
for herein, shall be held by the Sinking Fund Commission as an insurance 
sinking fund for the jjurpose of paying all fire losses for which they are 



72 CIVIL CODE OF SOUTH CAROLINA. 

liable, and the expenses necessary to the proper conduct of said insurance 
of public property by the Sinking Fund Commission, and shall be invested 
by them as are other funds in their hands : Provided, That when the insur- 
ance sinking- fund, herein provided for, reaches the sum of one million 
($1,000,000.00) dollars, no further premiums shall be paid until a part of 
such fund has been used in the payment of losses and expenses ; and in that 
event the premiums of insurance shall be again paid as provided herein, 
until the fund again reaches the sum of one million ($1,000,000.00) dollars. 

Civ. '12, § 131; Civ. '02, § 128; 1916, XXIX, 695; 1918, XXX, 881. 

(138) § 42. How Insurance Effected. — That the Sinking Fund Commis- 
sion shall notify the ofSeers, officials or trustees ha^ang the care and custody 
of the buildings insured under the provisions of this Article, in writing, in 
advance of the expiration of policies of insurance on such buildings, and 
the officer, official or trustees so served with written notice shall immediately 
make application to the Sinking Fund Commission for the renewal of said 
insurance, and shall forward with their application the amount of premium 
due the Sinking Fund Commission on the insurance applied for : Provided, 
That in the event no funds are available with which to pay the premium at 
the time application is made the officer, oiBcial or trustees making applica- 
tion shall so state, and the amount, with interest, shall be paid by them out 
of the funds available, as provided hereinbefore. 

1918, XXX, 881. 

(139) § 43. County Superintendents of Education to Furnish Lists of 
Insurable School Buildings. — That the State Superintendent of Education 
and the County Superintendents of Education of the several counties of 
the State shall furnish to the Sinking Fund Commission, on request, a com- 
plete list showing the location of each and every school building in their 
county, the number of the school district in which such buildings are located 
and the names and addresses of the trustees ha^dng the buildings in charge. 

1918, XXX, 881; 1919. XXXI, 246. 

(140) § 44. Officers to Furnish Information on Request. — That all offi- 
cers, officials and trustees having the care and custody of buildings insured 
under the terms of this Article, shall furnish to the Sinking Fund Commis- 
sion, on request, full information in regard to the character of construc- 
tion, value, location, exposure, and any other information requested. 

1918, XXX, 881. 

(141) § 45. Failure to Comply With This Act a Misdemeanor — Pen- 
alty. — That any officer, official or trustees upon whom the duties provided 
in this Article devolves, who fail or refuse to carry out the provisions of 
this Article, shall be guiltj'' of a misdemeanor, and, upon conviction there- 
of, shall be fined in a sum not less than twenty-five ($25.00) dollars, nor 
more than one hundred ($100.00) dollars, or imprisonment not less than 
ten no more than thirty days. 

1918, XXX, 881. 

(142) § 46. Valuation of Buildings. — That the value of all buildings 
insured as herein provided, as fixed by the policies of insiirance on said 



CIVIL CODE OF SOUTH CAEOLINA. 73 

buildings now of force, shall be taken to be the value of such buildings, and 
the value of all public buildings hereafter constructed shall be the actual 
cost of such buildings: Provided, That where it is desired to increase or 
decrease the value of any building insured hereunder, the value of the 
building or buildings shall be fixed by three appraisers, to be appointed and 
paid as provided in Section 48 hereinafter. 

Civ. '12, § 127; Civ. '02, § 123; 1900, XXIII, 397; 1901, XXIII, 738; 1918, XXX, 881. 

(143) § 47. Amount of Insurance. — That the amount of insurance to be 
carried on all buildings and on the contents thereof, as provided herein, 
shall be fixed by the officers, officials or trustees having such buildings in 
their care and custody: Provided, That the amount of insurance to be 
carried, as fixed by them, shall in no event exceed the value of the building 
and contents to be insured. 

1918, XXX, 881. 

(144) § 48. Adjustment and Payment of Losses. — That in the event of 
loss or damage by fire or lightning, the amount of such loss or damage to be 
paid by the Sinking Fund Commission shall be determined by three apprais- 
ers, one to be named by the Sinking Fund Commission, one by the officer, 
official or trustees having the damaged or destroyed building in charge, 
and the two so appointed shall select the third. These appraisers shall file 
their written report with the Sinking Fund Commission and a duplicate 
copy with the insured. The cost of the appraisal shall be borne, one-half 
by the Sinking Fund Commission and one-half by the insured : Provided, 
That the amount paid by the Sinking Fund Commission, as fixed by the 
appraisers, shall, in the event the building so damaged or destroj^ed is a 
county building or a public school building, be paid over to the County 
Treasurer of the county in which the building is located, to be by said 
County Treasurer paid out as required by law, upon the proper warrant 
or order of the proper official or trustee for the repair, restoration or rebuild- 
ing of the property damaged or destroyed ; and in the event the property so 
damaged or destroyed is State property, then the amount shall be paid over 
to the officer, official or officials having the property in their care and 
custody, to be expended by them for the repair, restoration or rebuilding of 
the property damaged or destroyed. 

Civ, 12, § 130; Civ. '02, § 126; 1918', XXX, 881. 



ARTICLE II. 

Land Containing Phosphate Rock and Phosphatic Deposits. 

(145) § 1. Board of Phosphate Commissioners' — Constitution of and 
Compensation. — A Board of Phospliate Commissionei-s is established, 
which shall be constituted as follows: The Governor, the Attorney General, 
and Comptroller General, and two persons, citizens of the State ; the last 
two to be appointed by the Governor, Attorney General and the Comptroller 
General for the term of six years ; the first appointment, however, to be 
made, one for four years, and one for six years. The Governor, Attorney 
General, and Comptroller General shall not receive any compensation for 



74 CIVIL CODE OF SOUTH CAROLINA. 

their services on this Board except actual traveling and other necessary 
expenses while engaged in attending to their duties as members of the 
Board when the same shall be performed at any other place than the State 
Capitol. The two Commissioners appointed as above shall receive as com- 
pensation for their services the same per diem and mileage as members of 
the General Assembly for the time they are actually engaged in performing 
the duties of their office. 

Civ. '12, § 138; Civ. '02, § 130; R. S. 87; 1890, XX, 691. 

The effect of this Article considered in Coosaw Mining Co. v. State of So. Ca., 144 D. S. 550. 

(146) § 2. Chairman and Secretary of Board — Quorum. — The Governor 
shall be Chairman of the Board, and three members shall constitute a quo- 
rum for the transaction of anj^ business pertaining to the Board, and the 
Secretary shall be appointed from among the members of the Board. 

Civ. '12, § 139; Civ. '02, § 131; R. S. 88; 1890, XX, 691. 

(147) § 3. Board Has Exclusive Control of State's Phosphate Interests 
— Exceptions. — The Board shall be charged with the exclusive control 
and protection of the rights and interest of the State in the phosphate rocks 
and phosphatic deposits in the navigable streams and in the marshes thereof, 
except that the Comptroller General shall continue to receive the reports 
of rock mined and dug and the royalty paid into the State Treasury. 

Civ. '12, § 140; Civ. '02, § 132; R. S. 89; 1890, XX, 691. 

(148) § 4. Powers, Rights, Ets., of Board. — All the powers, duties, rights 
and privileges vested in, and exercised by, the late Department of Agricul- 
ture, as heretofore established by law, so far as the same pertains and relates 
to the management and protection of the rights and interests of this State 
in the phosphate rocks and phosphatic deposits in the navigable streams of 
this State, and in the marshes thereof, are hereby vested in, and are 
devolved upon, the Board of Phosphate Commissioners. 

Civ. '12, § 141; Civ. '02, § 133; R. S. 90; 1890, XX, 691. 

(149) § 5. Protection of State's Interest in Phosphate Deposits and 
Mines Against Adverse Claimants. — The Board are further authorized 
and empowered to inquire into and protect the interests of the State in and 
to any phosphatic deposits or mines, whether in the navigable waters of the 
State or in land marshes, or other territory owned or claimed by other 
parties, and in the proceeds of any such mines, and to take such action for, 
or in behalf of, the State, in regard thereto, as they may find necessary or 
deem proper. 

Civ. '12, § 142; Civ. '02, § 134; R. S. 91; 1890, XX, 694. 

Snit to prevent illegal interference with control of phosphate mines is cognizable in equity. Coo- 
saw Mining Co. f. South Carolina, 144 U. S. 550, 36 L. Ed. 537 

(150) § 6. Survey of State's Phosphate Territory. — The Board are 
hereby empowered and directed, if they see proper, as soon as practicable, 
to begin a survey of the State's phosphate territory, and for this purpose 
they may employ such experts and other persons, and may obtain, by pur- 
chase or otherwise, such a dredge or other apparatus as shall be found 
necessary to prosecute this work in a thorough manner. 

Civ. '12, § 143; Civ. '02, § 135; R. S. 92; 1890, XX, 692. 



CIVIL CODE OF SOUTH CAROLINA. 75 

(151) § 7. Powers of Board as to Grant of Licenses. — The Board are 

authorized to grant to all citizens of the State, and bodies corporate, apply- 
ing for the same, licenses granting a general right to dig, mine and remove 
phosphate rock and phosphatic deposits from all the navigable streams and 
waters and marshes of the State, and also from such of the creeks, not 
navigable, lying therein, as may contain phosphatic rock and deposits, 
belonging to the State and not previously granted. Such licenses shall be 
for the term of one year, renewable at the pleasure of the Board. 

Civ. '12, § 144; Civ. '02, § 137; R. S. 94; G. S. 67, 69, 70; 1878, XVI, 781, 840. 

(152) § 8. May Grant or Refuse Application for License. — In every case 
in which such application shall be made to the Board for a license, the Board 
nay grant or refuse the license as they may deem best for the interest of the 
State and the proper management of the interests of the State in such 
deposits. 

Civ. '12, § 145; Civ. '02, g 138; R. S, 95; 1884, XVIII, 779. 

The duty imposed bv this section involves discretion, and mandamus will not issue requiring 
Ihe Boird 10 grant such license. State v. Hagood, 30 S. C. 519, 9 S. E. 686. 

In the exercise o( their discretion the Board cannot determine the constitutionality of the 
Act. State v. Hagood, 30 S. 519, 9 S. E. 686. 

(153) § 9. Bond of Licensee — Condition — How Approved. — As a condi- 
tion precedent to the right to dig, mine and remove the said rocks and 
deposits hereby granted, each person or company shall enter into bond, 
with security, in the penal sum of five thousand dollars, conditioned for the 
making, at the end of every month, of true and faithful returns to the 
Comptroller General of the number of tons of phosphate rock and phos- 
phatic deposits so dug or mined, and the punctual payment to the State 
Treasurer of the royalty hereinafter provided at the end of every quarter 
or three months, which bond and sureties therein shall be subject to the 
approval now required by law for the bonds of State officers. 

Civ. '12, § 146; Civ. '02, § 139; G. S. 68; R. S. 96; 1878, XVI, 781. 

(154) § 10. Eeturns of Rock Mined and Payment of Royalty— When 
and to Whom Made. — Each and every person, or body corporate, to whom 
licenses shall be isisued, must, at the end of every month, make to the Comp- 
troller General true and lawful returns of the phosphate rocks and phos- 
phatic deposits they may have dug or mined during said month, and shall 
punctually pay to the State Treasurer, at the end of every quarter, or three 
months, the royalty provided by law to be paid thereon, which shall not 
exceed two dollars per ton upon each and every ton of the crude rock, and 
not of the rock after it^has been steamed or dried, the first quarter to com- 
mence to run on the first day of January in each year. 

Civ. '12, § 147; Civ. '02, § 140; G. S. 68; R. S. 97; 1878, XVI, 781; 1892, XXI, 383. 

(155) § 11. Power of Board of Phosphate Commissioners to Fix Rates 
for Digging Phosphate. — The lioard of Phosphate Commissioners of this 
State are hereby vested with full and complete power and control over all 
mining now being done, or hereafter to be done, with the phosphate terri- 
tory belonging to the State of South Carolina, and over all persons or cor- 
porations digging or mining phosphate rock or phosphatic deposit in the 
navigable streams and waters, or in the marshes thereof, with full power 



76 CIVIIj code of SOUTH CAROLINA. 

and authoritjr to fix, regulate, raise or reduce such royalty as shall from 
time to time be paid to the State per ton by such persons or corporations 
for all or any such phosphate rock dug, mined, removed and shipped or 
otherwise sent to the market therefrom : Provided, Six months ' notice shall 
be given all persons or corporations at such time digging or mining phos- 
phate rock in said na^dgable streams and waters or marshes before any 
increase shall be made in the rate of royalty theretofore existing. 
Civ. '12, § 148; Civ. '02, § 141; R. S. 98; 1897, XXII, 504. 

(156) § 12. Limit of Royalty — Notice of Increase. — The Board of Phos- 
phate Commissioners of the State are hereby authorized and empowered to 
fix the royalty to be paid the State by parties mining in the nagivable 
waters and the marshes of this State at such amounts, not to exceed two 
dollars per ton, and for such periods as they, upon full investigation and 
examination, may deem advisable: Provided, That six months' notice be 
given of any raising of such royaltj^ above the sum of one dollar. 

Civ. '12. § 149; Civ. '02, § 142; 1893, XXI, 383. 

(157) § 13. Board Notifies Comptroller General of Licenses Issued — 
Time and Particulars of Notice. — The Board shall, within twenty days 
after the grant of any licenses, as aforesaid, notify the Comptroller Gen- 
eral of the issuing of such licenses, with the name of the person to whom 
issued, the time of licenses, and the location for which it was issued. 

Civ. '12, § 150; Civ. '02, § 143; R. S. 99; 1889, XX, 298. 

(158) § 14. When Additional Security to Bonds May Be Required- 
Proceedings. — AVhenever the Board shall have reason to doubt the sol- 
vency of any surety whose name appears upon any bond heretofore exe- 
cuted, or which may hereafter be executed, for the purpose of securing the 
payment of the phosphate royalty by any person, or corporation, or com- 
pany, digging, mining and removing phosphate rock, or phosphatic deposits, 
in any of the territory, the property of the State, under any grant or license, 
it shall be the duty of the Board forthwith to notify the person, corporation 
or company gi'^dng such bond, and the sureties thereon, and to require that 
one or more sureties, as the case may be, shall be added to said bond, which 
surety or sureties shall be approved by the Board. 

Civ. '12, § 151; Civ. '02, § 144; R. S. 100; 1883, XVIII, 304. 

(159) § 15, Proceeding for Relief of Sureties— New Bond and Its Effect. 

— It shall be the duty of the Board, upon petition filed by any person who 
now is, or shall hereafter become, surety on any such bond as aforesaid, and 
who considers himself in danger of being injured by such suretj'ship, to 
notify the person, corporation, or company, giving said bond to give a new 
bond with other sureties, and upon failure to do so within thirty days, to 
cause said person, company or corporation to suspend further operations 
until a new bond be given, but in no case shall the sureties on the old bond 
be discharged from liability thereon until the new bond has been executed 
and approved, and said sureties shall not be discharged from any antece- 
dent liability bj' reason of said surety.ship. 

Civ. '12, § 152; Civ. '02, § 145; R. S. 101; 1883, XVIII, 304. 



CIVIL CODE OF SOUTH CAROLINA. 77 

(160) § 16. Coosaw River Phosphate Territory — Powers and Duties of 
Board in Relation Thereto. — The Board are hereby authorized and 
directed after the first day of March, 1891, to take possession and control 
of the Coosaw River phosphate territory heretofore occupied by the Coosaw 
Mining Company, and to issue licenses to mine therein, and remove phos- 
phate rock and phosphatic deposits therefrom, in like manner as is now 
provided by law for the other navigable streams and waters of the State: 
Provided, That siich parties so licensed or authorized shall be deemed the 
agents of the State, and each ton of phosphate rock or phosphatic deposits 
the product of such mining operations shall be deemed the property of the 
State until the said parties shall have paid thereon a royalty, to be fixed by 
the Board at not exceeding two dollars per ton, on each ton of phosphate 
rock or phosphatic deposits dug, mined and removed : Provided, That six 
months' notice be given before raising royal t.y above one dollar. 

Civ. '12, § 153; Civ. '02, § 146; R. S. 102; 1890, XX, 393; 1892, XXI, 383. 

Licensee mortgaged its mined product, owing State royalty thereon, and large amount for 
unpaid royalty on product sold. Held, that such mortgage was superior lien to claim of State 
for royalty on product sold, mortgagee having no knowledge of such claim. Malcolmson v. 
Wappoo Mills (S. C), 86 Fed. 192, 194. 

Under provisoins that licensees shall be deemed agents of State, and that each ton of pro- 
duct shall be deemd property of State until royalty thereon is paid. State can refuse, except as 
against iDona fide purchasers without notice, to surrender its control of any portion of such 
product until all past-due rovaltv under license, on product disposed of, is paid. Malcolmson v, 
Wappoo Mills (S. C), 86 Fed. 192, 196. 

(161) § 17. Board to Report Annually to General Assembly. — The 
Board shall report annually to the General Assembly their actings and 
doings during the year, and to the time of the meeting of the same, with an 
itemized account of their expenses for said year. 

Civ. '12, § 154; Civ. '02, § 147; R. S. 103; 1890, XX, 693; 1892, XXI, 383. 

(162) § 18. Mining Without License — Penalty. — Every person or cor- 
poration who shall dig, mine, or remove any phosphate rock or phosphatic 
deposit from the beds of the navigable streams and waters and marshes of 
the State without license therefor previously granted by the State to such 
person or corporation shall be liable to a penalty of ten dollars ($10) for 
each and every ton of phosphate rock or phosphatic deposits so dug, mined 
or removed, to be recovered by action at the suit of the State in any court 
of competent jurisdiction ; one-half of said penalty to be for the use of the 
State, and the other half to the use of the informer. 

Civ. '12, § 155; Civ. '02, § 148; G. S. 65; R. S. 104; 1877, XV, 305. 

(163) § 19. Buying or Receiving from Person Not Licensed. — It shall 
not be lawful for any person or corporation to purchase or receive any phos- 
phate rock or phosphatic deposit dug, mined or removed from the naviga- 
ble streams or waters or marshes of the State from any person or corpora- 
tion not duly authorized by Act of the General Assembly of this State to 
dig, mine or remove such phosphate rock or phosphatic deposit. 

Civ. '12, § 156; Civ. '02, § 149; G. S. 66; R. S. 105; 1877, XV, 305. 

(164) § 20. Penalty. — Any person or corporation violating the preced- 
ing Section shall forfeit to the State the sum of ten dollars ($10) for each 
and every ton of phosphate rock or phosphatic deposit so purchased or 
received, to be recovered by action in anj' court of competent jurisdiction 



78 CIVIL CODE OF SOUTH CAROLINA. 

one-half of said forfeiture to be to the use of the State, the other half to the 
use of the informer. 

Civ. '12, § 157; Civ. '02, § 150; G. S. 67; R. S. 106; 1877, XV, 305. 

(165) § 21. Board May Take Proceedings to Prevent Interference, Etc. 

— Should any person whosoever interfere with, obstruct, or molest, or 
attempt to interfere with, obstruct, or molest the said Board of Phosphate 
Commissioners, or any one by them authorized or licensed hereunder, in 
the peaceable possession and occupation for mining purposes of any of the 
marshes and navigable streams and waters of the State, then, and in that 
case, the said Board of Phosphate Commissioners are hereby authorized, 
and in the name and on behalf of the State of South Carolina, to take such 
measures or proceedings as they may be advised are proper to enjoin and 
terminate any such molestation, interference, or obstruction, and place the 
State, through its agents, the said Board of Phosphate Commissioners, or 
anj' one under them authorized, in absolute and practical possession and 
occupation of the same. 

Civ. '12, § 158; Civ. '02, § 151; R. S. 107; 1890, XX, 693. 

(166) § 22. Forfeiture of Boats, Dredges, Etc., Used by Unlicensed Per- 
sons — Proceedings to Enforce Same. — Should any person or pei'sons, cor- 
poration or corporations, attempt to mine or remove phosiohate rock and 
phosphatic deposits from any of the said marshes and navigable waters 
and streams, including the aforesaid Coosaw River phosphate territory, 
after the said first day of March, 1891, by and with any boat, vessel, marine 
dredge or other appliances for the same, without the leave or license of 
the said Board of Phosphate Commissioners thereto first had and obtained, 
all such boats, vessels, marine dredges and other appliances are hereby 
declared forfeited to and the property of the State of South Carolina, and 
it shall be the duty of the Attorney General, for and in behalf of the State, 
to institute proceedings in any Court of competent jurisdiction for the 
claim and delivery thereof, in the ordinary form of action for claim and 
delivery, in which actions the title of the State shall be established by the 
proof of the commission of any such act of forfeiture by the person or per- 
sons, corporation or corporations, owning the same, or their agents, in 
possession of such boats, vessels, marine dredges or other appliances : Pro- 
vided. That in any such action the State shall not be called upon or required 
to give any bond or obligation as is required by parties plaintiff in action for 
claim and delivery. 

Civ. '12, § 159; Civ. '02, § 152; R. S. 108; 1890, XX, 694. 

(167) § 23. Office of Phosphate Inspector Abolished.— The office of 
Phosi^hate Inspector is hereby abolished, and the duties heretofore imposed 
by law upon the said Phosphate Inspector be, and the same are hereby, 
devolved upon the Board of Phosphate Commissioners, who shall perform 
the duties heretofore performed by the Phosphate Inspector without addi- 
tional compensation. 

Civ. '12, § 160; Civ. '02, § 136; 1903, XXIV, 8. 



CIVIL CODE OF SOUTH CAROLINA. 79 

ARTICLE III. 

Historical Commission. 

(168) § 1. Historical Commission. — A Commission is created to be 
known as the Historical Commission of South Carolina, to be composed 
of the respective heads of the chairs of history in the University of South 
Carolina, The Citadel, the Military College of South Carolina, Clemson 
Agricultural and Mechanical College of South Carolina, and Winthrop 
Normal and Industrial College of South Carolina, and their successors in 
their respective chairs, and two other members as provided in Section 3 of 
this Article. 

Civ. '12, § 161; 1894, XX, 833; 1915, XXIX, 114. 

(169) § 2. Duty. — It shall be the duty of said Commission to procure 
such documents or transcripts of documents and such other material relat- 
ing to the history of South Carolina as they may deem necessary or impor- 
tant, to superintend the arrangement and preservation of the same, and to 
make suitable regulations for their inspection and examination in order to 
protect them from injury. 

Civ. '12, § 162; 1894, XX, 833. 

(170) § 3. Appointment of Members and Term of Office. — Two mem- 
bers of the said Commission shall be elected as follows : One member by 
the United Confederate Veterans of South Carolina and one by the South 
Carolina Historical Society. The two members last named to be elected for 
terms of ten years each, beginning January 1st, 1915, and at the expiration 
of their terms their successors shall be elected by said organizations for 
similar terms and so on at the expiration of every ten years. In case of a 
vacancy by death or otherwise of either of such elective members, the 
vacancy shall be filled for the unexpired time by that organization which 
has elected the member.* so vacating. This Commission so constituted shall 
hold, at the office of the Commission, at least one regular meeting a year, 
at which they shall elect a chairman, a vice chairman, and a secretary, as 
provided in Section 6 of this Article, and shall make an annual report 
of their acts and doings to the General Assembly. 

Civ. '12, § 163; 1905, XXIV, 907; 1915, XXIX, 114. 

(171) § 4. Objects and Purposes. — The objects and purposes of the said 
Historical Commission are : The care and custody of all the official archives 
of the State not now in current use; the collection of materials bearing 
upon the history of the State, and of the counties and territory included 
therein, from the earliest times: the collection of all documents or tran- 
scripts of documents and of material relating to the history of South Caro- 
lina, and of all its territory and inhabitants ; and particularly of procuring 
data concerning South Carolina soldiers in the War of the Revolution and 
the War Between the States ; the due and orderly arrangement, indexing 
and preservation of the same, with suitable regulations for their inspection 
and examination, in order to protect them from injury; the providing for 
the diffusion of knowledge in reference to the history and resources of the 
State, and the encouragement of historical work and research therein, and 



80 CIVIL CODE OF SOUTH CAROLINA. 

the preparation for publication of such official records and historical mate- 
rials as the State may at any time desire to publish, and arrange for the 
publication thereof, and the performance of such other acts and require- 
ments as may be enjoined by law. 
Civ. '12, § 164; 1905, XXIV, 907, § 2. 

(172) § 5. Apartments and Archives. — The said Historical Commission 
shall be located at the State Capitol, in the City of Columbia, in separate 
apartments in such Capitol, to be designated and set aside for its use by the 
Secretary of State, of which apartment the said Commission shall have 
exclusive charge and control, and in which apartments all the archives, 
documents and materials in charge and custody of the said Commission 
shall be deposited, together with all such historical material of any and 
every kind as the said Commission may collect and gather from any source, 
and which said Commission are authorized and empowered to receive from 
any one whomsoever, for the purpose of safe-keeping and for inspection and 
examination, under such regulations as may be provided, with due regard 
for the care and custody of the same. The said Commission is empowered 
to adopt a seal and make rules for its own government, and also for the use 
and regulations of the apartments assigned to it, and for the inspection and 
examination of the archives and papers in its charge ; and to provide for the 
selection and appointment of such employees as may be authorized by the 
General Assembly ; to have the direction and control of the marking of his- 
torical sites, or houses and localities, and the exploration of prehistorical 
remains and Indian mounds, and other remains existing in the State, and 
to do and perform such other acts and things as may be proper to carry out 
the true intent and purposes of this Article. 

Civ. '12, § 165; 1905, XXIV, 90T, § 3. 

(173) § 6. Qualification, Election and Duties of Secretary. — The said 

Commission is hereby authorized and empowered to select a Secretary, 
who shall not be a member of the Commission, and who shall serve at the 
pleasure of said Commission. He shall keep the ofBcial books and minutes 
of the Commission, and shall devote his time, under the supervision, direc- 
tion and control of the Commission, to the care and custody of all the 
documents, material and property in charge of the Commission, and the 
performance of such other duties as the Commission may devolve on him, 
and shall receive for his services such salary as the General Assembly may, 
from time to time, provide, payable monthly, to be paid to him by the 
State Treasurer upon the warrant of the Comptroller General. 

Civ. '12, § 166; 1905, XXIV, 907; 1915, XXIX, 114. 

(174) § 7. Custody of Records. — The said Commission shall take into its 
charge and have delivered to it, all archives, records, papers, books and his- 
torical material in the present charge of the Secretary of State, or any 
other State officer, and whenever in any office in this State there are official 
books, records, documents or original papers of any kind, forming part of 
the archives of the State, and not needed for current use in said offices, and 
which, in the oijinion of the State Historical Commission, would be better 
provided for as to their permanent preservation by a deposit with the said 



CIVIL CODE OF SOUTH CAROLINA. 81 

Commission, and the removal whereof from their present places of custody 
to the official apartments and custody of said State Historical Commission 
may be authorized by this or any future Act of the General Assembly, and 
which such official books, records, documents or original papers have been 
removed from their former custody to that of the Commission ; then and in 
that case copies therefrom, duly certified, under the seal of the Commission 
and the hand of the Secretary, shall have like force and effect in all respects 
as if made by the officer originall.y in charge of them, and for which copies 
the same fees shall be chargeable. 
Civ. '12, § 167; 1905, XXIV, 90T, § 5. 

(175) § 8. Deposits by Private Parties. — Whenever any person or per- 
sons whomsoever, having in his or their possession or control any books, 
papers, manuscripts or historical material at any time of any kind shall 
desire to deposit the same in the charge of said Historical Commission for 
safe-keeping and preservation, the said Historical Commission are hereby 
authorized and empowered to receive the same and give a proper receipt for 
the same and to take and keep in their custody and control all the same in 
like manner as the archives of the State, to be returned when the holders 
or owners thereof may so demand, and to be distinctly marked or separated, 
so as to be readily capable of identification from the papers and material 
the property of the State: Provided, That all such papers and historical 
materials so received for custody and safe-keeping shall be at all times open 
to inspection and examination, for the purposes of historical research, in 
like manner and under the same rules and regulations as provided for 
similar materials belonging to the State: Provided, further, That neither 
the State nor the Commission shall be in any wise responsible or liable for 
the loss of any such books, papers, manuscripts or material if such los»: 
should occur. 

Civ. '12, § 168; 1905, XXIV, 90T, § 6. 

(176) § 9. Equipment of Apartments. — The said Historical Commission 
are hereby authorized and empowered to furnish and equip the said sepa- 
rate apartments in the State Capitol to be assigned to the Commission for 
the purpose, with such furniture, shelving, and fireproof arrangements as 
may be proper and reasonable for the purposes of the custody, preserva- 
tion and inspection of all of the said archives and histoi'ical material, and 
to keep the same in order, and all such sum or sums as may at any time be 
appropriated by the General Assembly for the purposes aforesaid or to 
carry out the intent of this Article shall be paid out by the State Treasurer, 
in such sums and in such manner as may be authorized b.y the said Histori- 
cal Commission. 

Civ. '12, § 169; 1905, XXIV, 907, § 7. 

(177) § 10. Clerk Not to Do Other Work.— The said Clerk shall not do 
any additional work for pay and furnish information free to the citizens 
of South Carolina. 

Civ. '12, § 170; 1905, XXIV, 907, § 8. 



82 CIVIL CODE OF SOUTH CAROLINA. 

ARTICLE IV. 
Commission on State House and Grounds. 

(178) § 1. Commission on State House and Groxmds Established. — The 

Secretary of State, Comptroller General, and the State Librarian are hereby 
created a Commission on State House and State House Grounds, for the 
purpose of their proper keeping, landscaping, cultivation and beautifying, 
with authority to expend such amounts as may be annually appropriated 
therefor. The Secretary of State shall be Chairman of the Commission 
hereby created, and said Commission shall elect a Secretary from its num- 
ber. The said Commission shall employ all help and labor in policing, pro- 
tecting and caring for said State House and State House Grounds, and 
shall have full authority over the same. 

Civ. '12, §§ 171, 172, 173, 174, 175, 176; 1907, XXV, 534; 1918, XXX, 1907. 

(179) § 2. Annual Report. — Said Commission shall report to the Gen- 
eral Assembly annually an itemized statement of all money expended, 
together with all its acts and doings in the improvement of said Grounds. 

Civ. '12, § 177; 1907, XXV, 534, § 9. 



ARTICLE V. 



Confederate Infirmary — Other Property of State — Miscellaneous Provi- 
sions. 

(180) § 1. Confederate Home Established — Commission — How Com- 
posed — Appointment — Term — Removal — Rules. — A Commission consist- 
ing of nine members, five of whom shall be ex-Confederate soldiers or 
sailors, shall be appointed by the Governor, and the other four members 
of the Commission to be members of the State organization of the United 
Daughters of the Confederacy, and who shall be appointed by the Gov- 
ernor upon the recommendation of the State organization of the United 
Daughters of the Confederacy, who are hereby empowered and required 
to establish and manage an infirmary for the infirm and destitute Con- 
federate sailors and soldiers of the State, on what is known as the Belle- 
vue place on Wallace land, now owned by the State. The term of office 
of said Commissioners shall be nine years : Provided, That the members of 
the Commission so appointed by the Governor shall determine by lot the 
term of their office, so that one of them shall serve respectively for a 
period of one, two, three, four, five, six, seven, eight and nine years. 
That said Commission shall prescribe rules, regulating admission to said 
infirmary: Provided, That two veterans shall be admitted from each 
county, on the recommendation of the County Pension Board : Provid.ed, 
further, That in case any County Board fails to make such recommenda- 
tion, the said Commission may fill the vacancy from the same or any other 
county. 

Civ. '12, § 178; 1908, XXV, 1074; 1915, XXIX, 156; 1921, XXXII, 19. 

(181) § 2. Members to Serve Without Compensation. — The members of 
said Commission shall receive no compensation for their services, but shall 



CIVIL CODE OP SOUTH CAROLINA. 83 

be entitled to actual expenses for attending the meetings tliereof, to be paid 
upon the warrant of the Comptroller General out of any funds in the hands 
of the State Treasurer not otherwise appropriated. 

Civ. '12, § 179; 1911, XXVII, 156, § 3. 

(182) § 3. Right to Build on Sullivan's Island.— Such of the citizens of 
this State as may think it beneficial to their health to reside on Sullivan's 
Island during the summer season have liberty to build on the said island a 
dwelling and outhouses for their accommodation ; and the person or persons 
so building shall have the exclusive right to the same, and one-half acre of 
land adjoining thereto, as long as he, she, or they, may require, for the pur- 
poses aforesaid : Provided, The person or persons, building as aforesaid, 
pay to the Treasurer one penny annually, if required, for the use of the 
said land. 

Civ. '12, § 180; Civ. '02, § 154; G. S. 71; R. S. 110; J. R. 1791. 

(183) § 4. Rights of Dwellers on Sullivan's Island.^ — The present owners 
of lots on Sullivan 's Island, whereon dwelling houses have been erected, and 
such citizens of this State as may hereafter build dwelling houses upon the 
said island, under the license granted by the preceding Section, shall be 
taken and deemed to have, and shall enjoy, the same rights, titles, and 
interests, as tenants, from year to year, in and to the lots now owned by 
them, respectively ; upon condition, nevertheless, that they shall deliver up 
the same when demanded by the Governor of this State for the time being — 
he, she, or they having the liberty of remo^'ing the biiildings which are now, 
or may hereafter be, erected on said lots. And the titles thereto shall be 
assignable, transferable, transmissible, and distributable, as estates for 
years now are, or hereafter may be, bj^ tlie laws of this State ; and the said 
owners shall have, take, and enjoy, and be entitled to use and employ all 
actions, suits and remedies, for securing their quiet and peaceable posses- 
sion and enjojTnent of their said lots, and restitution and redress for any 
trespass, ouster, or injury which they may suffer, or may be committed 
upon them, as tenants for years now have, or are entitled to. 

Civ. '12, § 181; Civ. '02, § 155; G. S. 71; R. S. Ill; XII, 609. 

Before enactment of this section the occupants of the island were mere tenants at will of the 
state, and a parol contract for sale 3f a house thereon was void under Statute of Frauds Whet- 
more, r. Ehett. 12 Rich 565. 

(184) § 5. Actual Building of Dwelling House Essential to Vest Title 
to Lot Within Time Limited. — No exclusive right to a lot on the said island 
shall be obtained by any citizen otherwise than by his actually building a 
dwelling house thereon; and if such dwelling house shall be removed or 
destroyed, the owner thereof shall have the exclusive right to rebuild on the 
same lot for one year thereafter ; and if no dwelling house be built by him 
within that period, such lot shall again be considered as vacant. 

Civ. '12, § 182; Civ. '02, § 156; G. S. 71; R. S. 112; VI, 131. 

(185) § 6. Limitations as to Building on Sullivan's Island.— Hereafter 
no person shall erect, or cause to be erected, more than one dwelling house 
on each half acre lot in the town of Moultrieville, on Sidlivan's Island; 
and if any person shall build, or attempt to build, such a dwelling house, 



84 CIVIL CODE OP SOUTH CAROLINA. 

such person may be compelled to desist from such building, and to remove 
the same, by the Court of Common Pleas; and it shall be lawful for the 
Intendant or any one of the Wardens of the said town to execute such order, 
under the direction of the Sheriff of the county, or his lawful deputy. 
Civ. '12, § 183; Civ. '02, § 157; G. S. 72; R. S. 113; VII, 353. 

(186) § 7. Certain Lands Vested in City of Charleston. — All vacant land 
not legally vested in individuals, in the harbor of Charleston, covered by 
water, is vested in the City of Charleston, for public purposes, but not to 
be so used or disposed of as to obstruct or injure the navigation of said 
harbor. 

Civ. '12, § 184; Civ. '02, § 158; G. S. 73; R. S. 114; VII, 161. 

(187) § 8. Certain Lands Vested in Town of Beaufort. — All the land 
lying directly and immediatelj^ in front of the streets, in the town of Beau- 
fort, which run northwardly and southwardly, and which extend to Bay 
Street, down to the channel of the river lying in front of the said town, 
whether the same be covered with the waters of the said river or not, shall, 
forever hereafter, be considered as the property of, and belonging to, the 
said town, and shall never be granted by any Governor of this State, or be 
otherwise vested in any individual or individuals, or any body corporate, 
unless it be bj^ an Act of the Legislature passed for that purpose. And 
every grant which may, at any time hereafter, be obtained for any part of 
the said land, shall be ipso facto void. 

Civ. '12, § 185; Civ. '02, § 159; G. S. 74; R. S. 115; V, 335. 

Such persons as may have obtained a right to anj^ lots opposite the said 
streets, in the said town of Beaufort, previous to the 21st day of December, 
1798, shall be restricted forever from erecting any buildings thereon ; and 
shall be, and are hereby, confined to making any improvements thereon, 
other than wharves, so as to leave the heads of said streets open and unob- 
structed. 

V, 382. 

(188) § 9. Care and Improvement of State House and Grounds. — The 

Secretary of State is ex officio Keeper of the State House and Grounds, and 
shall be charged with the care of the property, including buildings, fencing, 
and the furniture and fixtures therein. He may make such repairs and 
improvements thereon as may be necessary for their preservation. He shall 
be entitled as such Keeper to a salary at the rate of five hundred dollars. 
Convicts shall be employed in all the labor on and about the State House and 
Grounds which can be performed by them. 

Civ. '12, § 18G; Civ. '02, § 160; G. S. 76; R. S. 116; V, 335. 

(189) § 10. Appropriations for Legislative Library. — The sum of five 
hundred dollars shall be annually appropriated for the purchase of a library 
for the use of the members of the Senate and House of Representatives of 
this State. 

Civ. '12, § 187; Civ. '02, § 161; G. S. 77; R. S. 117; V, 724. 



CIVIL CODE OF SOUTH CAROLINA. 85 

(190) § 11. Insurance of College Buildings. — The Comptroller General 
shall be, and he is hereby, authorized and required, annually, to insure 
against fire the college buildings at Columbia. 

Civ. '12, § 188; Civ. '02, § 162; G. S. 78; R. S. 118; VI, 139. 

(191) § 12. Protection of Lands from Intrusion and Nuisance. — The 
Attornej^ General may, when, in his judgment, the interest of the State 
requires it, file and prosecute information or other process against persons 
who intrude upon the lands, rights or property of the State, or commit or 
erect any nuisance thereon. 

Civ. '12, § 189; Civ. '02, § 163; G. S. 79; R. S. 119; XIV, 88. 



CHAPTER VII. 

The Census. 

(192) § 1. Census, When Required to Be Taken According to This Chap- 
ter. — "When a census of the inhalntants of the State is required to be 
taken, in pursuance of the Constitution, it shall be taken and completed 
according to the provisions of this Chapter. 

Civ. '12, § 190; Civ. '02, § 164; R. S. 121. 

See Constitutional Provision for Census. Constitution 1895. Art. Ill, § 3. 

(193) § 2. Governor Appoints Census Takers, Who Appoint Their 
Assistants. — The Governor is autliorized and required to appoint one per- 
son in each county of the State, who shall be charged with taking the census, 
and who shall be authorized to appoint such assistants as may be necessary. 

Civ. '12, § 191; Civ. '02, § 165; G. S. 20; R. S. 122; Con., Art. Ill, XV, 934, § 3. 

(194) § 3. Oath of Census Takers and Assistants. — Each and every per- 
son so appointed to take the census shall, before entering on the duties of 
his office, take, before some Magistrate, the following oath, to wit: "I, A. 
B., do solemnly swear (or affirm, as the case may be) that I will honestly, 
faithfully, and impartially, take a correct census of all the inhabitants 
residing within the portion of the county to which I have been appointed 
as Census Taker, and will, in all respects, truly perform all the duties with 
which I am charged : So help me, God. ' ' And a certificate from the Mag- 
istrate who shall administer the said oath that the same has been duly taken 
before him shall accom]:>any and be delivered with each and every return 
of the census. 

Civ. '12, § 192; Civ. '02, § 166; G. S. 81; R. S. 123; Con., Art. Ill, XV, 934, § 3. 

(195) § 4. Duties of Census Takers. — It shall be the dixty of each and 
every person appointed to take the census, to call personally on the head, 
or some member, of each famil.y in the county, or portion of the county for 
which he or they shall have been appointed, and obtain from such head of a 
family, or member thereof, as aforesaid, the number of persons contained 
in such family, and such information as may be required and directed by 
the Secretary of State. 

Civ. '12, § 193; Civ. '02, § 167; G. S. 82; R. S. 124; Con., yVrt. Ill, XV, 9.S4, § 3. 

(196) § 5. Members of Families Must Give Information on Oath — Pen- 
alty. — Each head, or member, of a family, shall, when called on by the 



86 CIVIL CODE OF SOUTH CAROLINA. 

persons appointed to take the census, at their residence or place ol; business, 
make on oath or affirmation, a correct return of all persons of whom the 
family is composed, and also report such other information to said Census 
Taker as may be required by law ; and the persons so appointed to take the 
census are hereby authorized to administer such oaths ; and upon the failure 
of any person to make such returns or reports, when required, such person 
shall be subject to a penalty of twenty-five dollars, to be recovered in any 
court of competent jurisdiction. 

Civ. '12, § 194; Civ. '02, § 168; G. S. 83; R. S. 125; Con., Art. Ill, XV, 934, § 3. 

(197) § 6. Returns Must Be Deposited With County Auditor Under 
Seal. — Upon the completion of such returns and reports, each Census 
Taker shall deposit the same, in a sealed package, with the Auditor of his 
county, accompanied by a certificate, to be endorsed by some Magistrate, 
purporting that the following oath had been duly taken by such Census 
Taker previous to the delivery of such jDackage to said Auditor, to wit: "I, 
A. B., do solemnly swear (or affirm, as the case may be) that this packet 
contains a just, true, correct and impartial return of all the inhabitants of 
the census district to which I have been appointed, and a faithful report of 
such information as was required by the Secretary of State, so far as it was 
practicable to obtain the same: So help me, God." 

Civ. '12, § 195; Civ. '02, § 169; G. S. 84; R. S. 126; XV, 934. 

(198) § 7. County Divided into Census Districts — ^Blanks and Instruc- 
tions — Returns to Secretary of State. — It shall be the duty of the Census 
Takers for the county, under the direction of the Secretary of State, to 
divide their several counties into convenient districts for taking the census, 
to distribute blanks, books, and instructions to the Census Takers, to receive 
their returns, which shall be completed and forwarded on or before 15th day 
of September to the Secretary of State, and to render .such further assist- 
ance to said Secretary in the premises as that officer may direct. 

Civ. '12, § 196; Civ. '02, § 170; G. S. 85; R. S. 127; XV, 934. 

(199) § 8. Preparation of Books, Report and Return of Secretary of 
State. — It shall be the dutj' of the Secretary of State to have prepared and 
forwarded to the Census Takers of each county .suitable books, blanks and 
instructions to facilitate the registration provided for herein, and the collec- 
tion of such statistical information as the Secretary of State may deem of 
sufficient importance to the people of this State ; and when the Census 
Takers shall have made the returns hereinbefore provided for, the said 
Secretary of State shall forthwith report the results of such registration to 
the Governor of the State for the time being, and shall make a collated 
return of the statistics to the General Assembly within one week after the 
beginning of the next regular session. 

Civ. '12, § 197; Civ. '02, § 171; G. S. 86; R. S. 128; XV, 934. 

(200) § 9. If Census Takers Fail to Comply With Census Law, Governor 
to Have Census Taken. — The GoveriKU- of the State for the time being 
shall, immediately after receiving from the Secretarj^ of State the said 
report, examine the same, and in case it shall appear to him that any person 
or persons appointed to take the census as aforesaid shall in anywise have 



CIVIL CODE OF SOUTH CAROLINA. 87 

failed to comply with the duties imposed on him or them, either in taking the 
census or in making returns, he shall forthwith cause the same to be taken 
and returned wherever such defaults shall have been made. 

Civ. '12, § 198; Civ. '02, § 172; G. S. 87; R. S. 129; XV, 934. 

(201) § 10. Pay of Census Takers— Secretary of State May Employ 
Assistance to Make Census Returns. — The Census Takers employed in 
taking the census shall be entitled to receive as compensation in full for all 
services rendered the sum of five (5) cents for every name taken, registered 
and returned in their reports to the Secretary of State — said compensation 
to be paid upon warrants to be drawn by the Comptroller General whenever 
he shall have received satisfactory proof that the services of the claimant 
have been faithfully rendered ; and the Secretary of State is hereby author- 
ized to employ such clerical service as will be necessary to assist him in 
collating and making his returns to the Governor and General Assembly, 
such service to be paid, on the Comptroller General's warrant, on the appli- 
cation of the Secretary of State : Provided, That the said clerical services 
shall not exceed the sum of three hundred dollars. 

Civ. '12, § 199; Civ. '02, § 173; G. S. 88; R. S. 130; XV, 934. 



TITLE II. 

Of Elections. 

Chaptee VIII. The Qualification and Registration of Electors, 87. 

Chapter IX. Location and Names of Voting Precincts, 99. 

Chapter X. The Manner of Conducting Elections and Returning 

Votes, 111. 
Chapter XI. The Election of Senators and Representatives in Congress 

and Electors of President and Vice President, 119. 
Chapter XII. The Election of County Officers, 124. 
Chapter XIII. Primarv Elections, 125. 



CHAPTER VIII. 

The Qualification and Registration of Electors. 

(202) § 1. Qualifications for Registration After January 1, 1898 — Per- 
sons Disqualified. — Every citizen of this State and the United States 
twenty-one years of age and upwards, not laboring under disabilities named 
in the Constitution of 1895 of this State, who shall have been a resident in 
the State for two years, in the county one j^ear, in the polling precinct in 
which the elector offers to vote four months before any election, and shall 
have paid six months before any election any poll tax then due and payable, 
and who can both read and write any Section of the said Constitution sub- 
mitted to said elector by the registration officer or officers, or can show that 
he or she owns, and has paid all taxes collectible during the previous year on 
property in this State assessed at three hundred dollars or more, and who 
shall apply for registration, shall be registered : Provided, That ministers in 



88 CIVIL CODE OF SOUTH CAROLINA. 

charge of an organized church and teachers of public schools shall be enti- 
tled to vote after six months ' residence in the State if otherwise qualified : 
Provided, further, That persons who are idiots, insane, paupers supported 
at the public expense, and persons confined in any public prison shall be 
disqualified from being registered or voting: And provided, further, That 
persons convicted of burglary, arson, obtaining goods or money under false 
pretenses, perjury, forgery, robbery, bribery, adultery, bigainy, wife-beat- 
ing, housebreaking, receiving stolen goods, breach of trust with fraudvilent 
intent, fornication, sodomy, incest, assault with intent to ravish, miscegena- 
tion and lareenj^, or crimes against the election laws, shall be disqualified 
from being registered or voting, unless such disqualification shall have been 
removed by the pardon of the Governor. 

Civ. '12, §200; Civ. '02, §174; 1896, XXII, 34, §1; Con., Art. 2, § 4; 1921, XXXII, 268. 

Civ. '12, §201; Civ. '02, § 175; 1896, XXII,34; Con., Art. 2, § 2; 1921, XXXII, 268. 

For violation of registration laws, see Criminal Code. 

The constitutionality of the former registration law was attempted to be raised before the 
Courts in Butler v. Ellerbe, 44 S. C. 256, 22 S. E. 425, but was not considered by the Court. 

Necessary qualifications must be alleged in action against managers of election for refusing 
vote. Wiley v. Sinkler, 179 U. S. 58, 65, 45, L. Ed. 84 

Logan V. Stanley et al, 95 S. C. 22, 78 S. E. 524. 

(203) § 2. Electors to Be Registered. — No person shall be allowed to 
vote at any election liereafter to be held unless he or she shall have been 
registered as herein required. 

Civ. '12, § 201; Civ. '02, § 175; 1896, XXII, 34; Con., Art. 2, § 2. 

Registration must be alleged in action against managers of election for refusing vote. Wiley v. 
Sinkler, 179 U. S. 58, 66, 45, L. Ed. 84. 

(204) § 3. Board of Registration — Appointment! — Duties, Term of 
Office, Etc. — Between the first day of Januarv and the fifteenth day of 
March, eighteen hundred and ninety-eight, and between said dates in every 
."^econd year thereafter, the Governor shall appoint, by and with the advice 
and consent of the Senate, if in session, and if not in session subject to its 
approval at its next session, subject to removal by the Governor for inca- 
pacity, misconduct or neglect of duty, three competent and discreet per- 
sons in each county, who shall be citizens and qualified electors thereof, 

and who shall be known as the Board of Registration of County, 

whose duty it shall be to register and to conduct the registration of the 
electors who shall apply for registration in such county as herein required. 
Their office shall be at the county seat, and they shall keep record of all their 
olficial acts and proceedings. Their term of office shall be for two years 
from the date of their appointment, and they shall continue in office until 
their successors shall have been appointed and shall qualify: Provided, 
That in case of a vacancy from any cause in the office of Board of Registra- 
tion, the Governor shall fill such vacancj', by and Math the consent of the 
Senate as aforesaid : Provided, That in the County of Pickens the said 
Board of Registration shall be elected at the general election of 1912, and 
every two years thereafter. 

Civ. '12, § 202; Civ. '02, § 176; 1911, XXVII, 228; 1896, XXII, 34, § 4, amd. by 1898, 
XXII, 703. 

(205) § 4. Compensation of. — The compensation of each member of the 
Board of Registration to be appointed under Section 3 herein shall be one 
hundred dollars for each election year and fifty dollars for each off year; 



CIVIL CODE OF SOUTH CAROLINA. 89 

except in the Counties of Anderson, Charleston, Greenville, Sumter, Orange- 
burg, and Eiehland, where they shall each receive seventy-five dollars per 
annum in off years and in general election j'ears the.y shall receive two 
hundred dollars each per annum, including the County of Spartanburg. 
The said compensation or salaries shall be paid quarterly by the State 
Treasurer upon the warrant of the Comptroller General. The said Boards 
of Registration shall keep their offices open on the days required by law 
from nine o'clock in the forenoon until five o'clock in the afternoon. 

Civ. '12, § 203; Civ. '02, § 177; 1896, XXII, 34; 1898, XXII, 704; 1917, XXX, 49. 

(206) § 5. Books and Blanks to Be Prepared,/ — -The Secretary of State 
shall cause to be prepared a sufficient number of registration books and 
blanks, so that there shall be two of said books for each voting place in each 
voting precinct in each county, which books shall be ruled in columns, with 
proper headings, so as to indicate the name, age and place of residence of 
each registered elector in such polling precinct, with a separate column at 
the right side of the page for such entries or remarks as may be necessary. 
He shall also cause to be prepared two books for each county, in which shall 
be entered the names of all persons registered up to the first day of Janu- 
ary, eighteen hundred and ninety-eight, which books, when prepared by 
the Board of Registration, to be appointed under Section 3 of an Act to 
provide for the registration of all electors in this State qualified to vote in 
State, county, municipal. Congressional and Presidential elections, approved 
5th March, 1896, and sworn to by the members of said Boards, shall be filed 
on or before February 1st, eighteen hundred and ninety-eight, one in the 
office of the Secretary of State and one in the office of the Clerk of the 
Court of Common Pleas for each county. He shall also cause to be pre- 
pared such books and blanks as may be necessary for the registration of 
electors after the first of January, eighteen hundred and ninety-eight, and 
he shall at any time pro^-ide additional books or blanks to supply the places 
of such as may be defaced, destroyed, mutilated or filled up. 

Civ. '12, § 204; Civ. '02, § 178; 1896, XXII, .36. g 6. 

(207) § 6. Opening and Closing of Books Regulated. — The Super- 
visors of Registration for the several counties of this State shall 
in every general election year, or in any year in which any 
special election is to be held subsequent to the first day of Sep- 
tember, hold in each and every to-wn, city, or industrial commu- 
nity containing three hundred inhabitants or more, in their respec- 
tive counties, at such time as may be designated by the Board 
of Registration, after two weeks' notice published or posted in 
such to"wn or city, one meeting, at which shall be registered such 
qualified electors of the county as may present themselves. The books 
of registration shall also be opened on the first Monday of each month, 
at the Courthouse, for the registration of electors entitled to registration 
Tinder said Constitution, and be kejDt open for three successive days in 
each and every month until thirty days before a general election, when 
they shall be closed until the general election shall have taken place : 
Provided, That such persons as shall become of age during the said thirty 
days shall be entitled to registration before the closing of books, if other- 



90 CIVIL CODE OF SOUTH CAROLINA. 

wise qualified. After each general election the registration books shall 
be opened for the registration of electors entitled to registration under 
the Constitution, on the first Monday in each month, at the Courthouse, 
until thirty days preceding any general election, when the same shall be 
closed until said general election shall have taken place. The registration 
books shall be in like manner closed thirty days before any special elec- 
tion. In those counties of this State having more than fifty thousand 
inhabitants, as shown by the last preceding United States census, in every 
general election year, when the registration books are opened in the 
month of August, they shall be kept open continuously every day except 
Sunday, at the Courthouse, up to and including the 15th day of August 
of said year for the registration of qualified electors, and this particular 
provision shall in no wise affect the registration of electors in the coun- 
ties having less than fifty thousand inhabitants, and any additional cost 
incurred by reason of the particular provision in regard to keeping of 
books open in August in those counties of over fifty thousand inhabitants 
shall be paid by such respective counties. In Sumter county the Super- 
visor of Registration may attend at least one day at some public place in 
each voting precinct in said county, of which due notice shall be given: 
Provided, In Horry county the supervisor of Registration shall attend at 
least one daj'' at some public place in each township in said county, after 
giving two weeks' notice of such meeting. 

Civ. '12, § 203; Civ. '02, § 179; 1907, XXV, 648; 1901, XXIII, 612; 1896, XXII, 37, § 7. 
1921, XXXII, 218. 

(208) § 7. Appeal from Denial of Registration. — The Boards of Registra- 
tion to be appointed under Section 3 of this Chapter shall up to and includ- 
ing the first January, 1898, judge of the qualifications of all applicants for 
registration. Am^ person denied registration shall have the right of appeal 
from the decision of the Board of Registration denying him registration to 
the Court of Common Pleas of the county or any Judge thereof, and thence 
to the Supreme Court; and on such appeal the hearing shall be de novo. 
Any person denied registration and desiring to appeal must within ten days 
after the decision of the Board of Registration is made file with the said 
Board a written notice of such notice of his intention to appeal therefrom. 
After the expiration of ten days from the filing of such notice of intention 
to appeal the Board of Registration shall file with the Clerk of the Court of 
Common Pleas for the county the notice of intention to appeal and any 
papers in their possession relating to the case, and a report of the case if 
they deem proper. The Clerk of the Court shall file the same and enter 
the case on a special docket to be known as Calendar No. 4. If the applicant 
desires the appeal to be heard by a Judge at chambers he shall give every 
member of the Board of Registration four days' written notice of the time 
and place of the hearing. Prom the decision of the Court of Common Pleas, 
or any Judge thereof, the appellant or any duly qualified elector of the 
county may further appeal to the Supreme Court by filing a written notice 
of his intention to appeal therefrom in the office of the Clerk of the Court 
of Common Pleas within ten days after such decision is filed, and within 
said time seridng a copy of such notice on every member of the Board of 
Registration. Thereupon the Clerk of the Court of Common Pleas shall 



CIVIL CODE OF SOUTH CAROLINA. 91 

certify all the papers in the case to the Clerk of the Supreme Court within 
ten days after the filing of such notice of intention to appeal. The Clerk 
of the Supreme Court shall place the case on a special docket, and it shall 
come up for hearing upon the call thereof, under such rules as the Supreme 
Court may make. If such appeal be filed with the Clerk of the Supreme 
Court at a time that a session thereof will not be held between the date of 
filing and an election, at which the appellant will be entitled to vote if 
registered, the Chief Justice, or, if he is unable to act or disqualified, the 
senior Associate Justice, shall call an extra term of the court to hear and 
determine the case. 

Civ. '12, § 206; Civ. '02, § 180; 1896, XXII, 38, § 8. 

Rawl et a! v. McCown et al, State Board of Canvassers, 97 S. C. 1; 81 S. E. 958. 

(209) § 8. Registered Electors Before January, 1898, Remain So — 
Establishment of Right to Vote. — All persons registered on or before 
January first, eighteen hundred and ninety-eight, shall remain during life 
qualified electors, unless afterwards disqualified by the provisions of the 
said Constitution. The certificate of the Clerk of the Court, or of the 
Secretary of State, that the name of any person appears on the books or 
records hereinbefore required to be filed in their respective offices by the 
Boards of Registration shall be sufficient evidence to establish the right of 
such person to any subsequent registration and the franchise under the 
limitations imposed in the said Constitution. 

Civ. '12, § 207; Civ. '02, § 181; 189(), XXII, 38, § 9. 

(210) § 9. Boards to Judge the Legal Qualifications of Applicants After 
January, 1898— Appeals. — After the first of January, eighteen hundred 
and ninety-eight, the Board of Registration to be appointed under Section 
3 of this Chapter shall judge of the legal qualifications of all applicants for 
registration. From their decision appeals may be taken to the Court of 
Common Pleas, or any Judge thereof, and thence to the Supreme Court, 
and the mode of appeal shall be the same as prescribed in Section 7, herein. 

Civ. '12, § 208; Civ. '02, § 182; 1896, XXII, 38, § 10, amd. by 1898, XXII, 704. 
Rawl et al v. McCown et al, State Board of Canvassers, 97 S. C. 1; 81 S. E. 958. 

(211) § 10. Enrollment of Registered Voters— When Made— Colleton 
County. — An enrollment of persons, not previously registered, and enti- 
tled to registration, shall be made annually by the Board of Registration 
until the year nineteen hundred and eight, when an enrollment of all elec- 
tors shall be made, and thereafter there shall be the same annual enrollment 
of electors and the same general enrollment of electors every tenth year, as 
above provided : Provided, That for the purpose of enrollment and revision 
of the lists of electors in Colleton County, the Board of Registration of said 
county shall hold sessions, after two weeks' advertisement, for at least one 
day, at the following places, to wit : Smoaks, Ashton, Bells, Henderson ville, 
Cottageville and Adams Run. 

Civ. '12, § 209; Civ. '02, § 183; 1908, XXV, 1019; XXII, 38, 705. 

(212) § 11. Persons Entitled to Vote at Next Election After Applica-, 
tion, Entitled to Be Registered. — In case any person shall not have 
attained the age of twenty-one years before the closing of the books of 



92 CIVIL CODE OF SOUTH CAROLINA. 

registration preceding any election, and shall attain such age before such 
election, and shall appear before the Board of Registration, and shall make 
application under oath to the facts above stated entitling said person to 
registration, if said person be otherwise duly qualified, the Board of Regis- 
tration shall register such applicant. Any person not laboring under the 
disabilities named in the Constitution and whose qualifications as an elector 
will be completed after the closing of the registration books, but before the 
next election, shall have the right to apply for and secure a registration 
certificate at any time within sixty days immediately preceding the closing 
of such books. From the decision of the Board of Registration a like appeal 
may be taken as in other cases and in like manner. 

Civ. '12, § 210; Civ. '02, § 184; XXII, 38, 705. 

(213) § 12. Registered Voters to Be Furnished With Certificates. — 

Each elector registered as aforesaid shall thereupon be furnished by the 
Board of Registration if registered before or on the first of January, 1898, 
or by the Boards of Registration if registered after the first day of January, 
1898, with a certificate of registration, which shall contain a statement of 
his name, age and place of residence as entered in the registration books, 
and such certificate shall be signed by at least two of the members of the 
Board of Registration. The certificate shall be of the following form : 

STATE OF SOUTH CAROLINA. 

Registration Certificate No 

This is to certify that is a registered elector of the election dis- 
trict of County of resides in township 

or parish or ward, is years of age, and is entitled to vote at 

voting place, in polling precinct, if otherwise quali- 
fied. 

Regi.stered on the day of , 19 



Members of the Board of Registration of County. 

Civ. '12, § 211; Civ. '02, § 185; XXII, 38, 705. 

Wilev V. Sinkler, 179 U S. 58, 67, 45 L. Ed. 84. . ^ • . -r ■, Von = 

Certificate of Clerk of Court to effect that holder was duly registered prior to January 1. 18^8, 

as prescribed bv the Constitution, not a registration certificate under this provision. htate «. 

State Board of Canvassers, 78 S. C. 461, 472, 59 S. E. 145, 13 Am. & Eng. Ann. Cas. 1133, 

14 L. R. A., N. S., 850 n 

(214) § 13. Transfer— Voters Moving from One County to Another.— 

In case of the removal of an elector from one county to another he shall 
notify the Board of Registration of the county to which he has removed, 
presenting his registration certificate for the county from which he has 
removed. The said Board of Registration shall take the name of such 
elector and the number of his certificate, and ascertain in writing from the 
Board of Registration of the county from which such elector has removed 
whether he is a duly registered elector of latter county. If found to be 
duly registered the Board of the county to which such elector has removed 
shall register such elector, if otherwise qualified, and notify the- Board of 
the county from which he has removed that he has been so registered, where- 
upon his name shall be stricken from the books of the latter county. 



CIVIL CODE OF SOUTH CAROLINA. 93 

Eenewal, of Certificate, How and When Made. — Every registered 
elector shall be entitled to a I'enewal of his certificate without fee or charge, 
when the same becomes defaced or mutilated, upon the surrender of such 
defaced or mutilated certificate to the Board of Registration, if he is still 
a qualified elector under the provisions of said Constitution or if he has 
been registered under said jirovisions before the 1st of January, 1898. In 
case of the loss of or destruction of a certificate, any elector registered on 
or before the first of January, 1898, shall be entitled to another certifi- 
cate of registration upon application and proof of destruction or loss on 
presenting to the Board of Reg^istration a certificate of the Clerk of the 
Court of Common Pleas of his county, or of the Secretary of State, that his 
name appears as a registered voter on the books or records filed in their 
respective offices, if still otherwise qualified. And any elector registered 
after the first of January, 1898, shall be entitled to another certificate of 
registration, upon application and proof of such destruction or loss, if his 
name appears upon the annual or general enrollment made by the Board of 
Registration, and if otherwise still qualified. Any such elector shall have 
a like right of appeal from the decision of the Board of Registration as in 
case of original registration. 

Civ. '12, § 212; Civ. '02, § 186; 1896, XXII, 40, § 14; 1896, XXII, 41, § 15. 

The Clerk's certificate does not jrive the holder a right to vote, but only establishes his right 
to registration. State v. Canvassers, 78 S. C. 4G1, 59 S. E. 145, 14 L. R A., N. S.. 850 n., 13 
Am. & Eng. Ann. Cas. 1133. Persons registered prior to 1898 may vote, though names not on 
books. State r. Canvassers, 79 S C. 246, 249, 60 S. E. 699. Irregularities in issuing certi- 
cates not necessarily fatal to election. 111. 

(215) § 14. Board to Revise List of Electors — Right of Appeal— The 
Board of Registration shall revise the list of registered electors at least ten 
days preceding each election, and shall erase therefrom the names of all 
registered electors who may have become disqualified, or who, upon satis- 
factory evidence, may appear to have died, or removed from their respective 
counties, or who may have been illegally or fraudulently registered : Pro- 
vided, That any one who may deem himself injured by such an act may 
have the same right of appeal to the Court of Common Pleas or any Judge 
thereof, as hereinbefore provided for persons who have been denied regis- 
tration. 

Civ. '12, § 213; Civ. '02, § 187;- 1896, XXII, 41, § 16. 

Rawl et al r. McCown et al, State Board of Canvassers, 97 S. C. 1 ; 81 S. E. 958. 

(216) § 15. Clerk of Court of General Sessions to Report Persons 
Convicted of Disqualifying Crimes. — The Clerk of the Court of General 
Sessions and Common Pleas for each county shall on or before the fifteenth 
day of October, 1902, and biennially thereafter on or before the same day 
of the same month, make out and report to the Boards of Registration for 
their respective counties a complete list of all persons convicted prior 
to the first day of October, 1896, and during every two years thereafter of 
the following offenses, to wit: Burglary, arson, obtaining goods or money 
under false pretenses, perjury, forgery, robbery, bribery, adultery, bigamy, 
wife-beating, housebreaking, receiving stolen goods, breach of trust with 
fraudulent intent, fornication, sodomy, incest, assault with intent to ravish, 



94 CIVIL CODE OF SOUTH CAROLINA. 

miscegenation, and larceny, or crimes against the election laws. Such re- 
port must be accompanied by the certificate of the Clerk that the report is 
correct as appears from the records of his office. 

Civ. '12, § 214; Civ. '02, § 188; 1896, XXII, 42, § 17. 

(217) § 16. Magistrates to Report Persons Convicted of Disqualifying 
Crimes. — Every Magistrate in the State shall on or before the fifteenth day 
of October, 1902, and biennially thereafter on or before the same day of 
the same month, make out under his hand and seal, and report to the Board 
of Registration of his county, a complete list of all the persons con- 
victed before him of any of the offenses mentioned in the preceding Section 
prior to the first day of October, 1902, and during every two years there- 
after, or before any of his predecessors, whose trial docket is in his posses- 
sion during the two preceding years, or the period following his last pre- 
vious report, or the last previous report by his predecessor. Any Magistrate 
or Clerk of the Court who shall fail to make or neglect to make such report 
as required by this and the preceding Section shall forfeit and pay to the 
county in which he holds his office the sum of fifty dollars for each and 
every such failure or neglect to make such report. 

Civ. '12, § 215; Civ. '02, § 189; 1896, XXII, 42, § 18. 

(218) § 17. Reports of Conviction Prima Facie Evidence — Denial of 
Registration and Vote. — The reports provided for in the two preceding 
Sections shall be received by the Board of Registration as imma facie evi- 
dence of the facts stated therein, and the said Board shall immediately 
erase the names of all such persons from the registration books or records 
in their county, and such person shall not be thereafter allowed to register 
or to vote unless such person shall present to the Board a pardon from the 
Governor or shall prove that they were never convicted of the offenses 
stated in such certificate, in which cases their names shall thereupon be 
restored to the registration books or records as completely and effectually as 
if it had never been stricken therefrom. The said Boards are required 
whenever the names of any electors are thus stricken from the books of 
registration to furnish a list of such names to the Clerk of Court and the 
Secretary of State, and they shall erase from the record of registered elec- 
tors on file in their respective offices the names of such electors. 

Civ. '12, § 216; Civ. '02, § 190; 1896, XXII, 43, § 19. 

(219) § 18. Places for Voting — Removal from One Voting Place to 
Another.— Ever.v elector shall vote at the polling place in the polling pre- 
cinct at which and in which his registration certificate entitled him to vote. 
When a new*voting precinct is established by law it shall be the duty of 
the Board of Registration to transfer from the books of registration the 
names of such electors registered to vote in other voting precincts as should 
hereunder register and vote in the new voting precinct, and to issue to .such 
electors as may apply new registration certificates for such new polling 
precinct, and such electors shall thereafter vote in the new polling precinct 
to which they have been transferred. In ease of the removal of an elector 
from one precinct to another in the same county, such elector shall notify 
the Board of Registration of such county, and surrender his certificate. 



CIVIL CODE OF SOUTH CAROLINA. 95 

And the said Board shall note the fact upon the proper book and give to 
the elector a certificate for registration for the precinct into which he has 
removed. When one voting place has been changed to another in the same 
township or polling precinct, or where the name of the voting place has 
been changed since the last general election, the registration of electors for 
the former voting place shall be valid and effectual for the new voting 
place. Any registered elector who may reside nearer to a voting place in 
his polling precinct than the one at which he is entitled to vote, and desires 
to vote at such nearer voting place, shall, upon the surrender of his certifi- 
cate of registration, be entitled to a new certificate entitling him to vote at 
such nearer voting place. 

Civ. '12, § 217; Civ. '02, § 191; 1896, XXII, 43, § 20. 

(220) § 19. Books to Be Deposited With Clerk of Court.— The Board of 
Registration shall deposit the books and other records of registration for 
safe-keeping in the office of the Clerk of the Court of Common Pleas for 
their county, who shall keep the same with the other records in said office. 

Registration Books and Records Public — How. — The registration 
books and records shall be public records open to the inspection of any 
citizen at all times, and shall not be removed from the office of the Clerk 
of the Court by any person except the Board of Registration who are 
authorized to take and keep the same as long as may be necessary to enable 
them to perform the duties herein imposed on them : Provided, That the 
books and records of registration shall not be kept anywhere else than in 
the office of the Clerk of the Court of Common Pleas or in the office of the 
Board of Registration except when used by the Board in the several polling 
precincts as required hj this Chapter. 

Civ. '12, § 218; Civ. '02, § 192; 1896, XXII, U, § 21. 

(221) § 20. Registration Books Furnished Each Precinct — Right to, 
Vote — Books Given to Managers.— Immediately preceding each general 
election or any special election, the Board of Registration shall furnish to 
the Commissioners of Election for their county two registration books for 
each polling precinct in their county, containing in each the names of all 
electors entitled to vote at such precinct; and no elector shall vote in any 
polling precinct unless his name appears on the registration books for that 
precinct : Provided, That in case the name of any registered elector does 
not appear, or incorrectly appears, on the registration books of his polling 
precinct, he shall, nevertheless, be entitled to vote upon the production and 
presentation to the Managers of Election of such precinct (in addition to 
his registration certificate) of a certificate of the Clerk of Court of Com- 
mon Pleas that his name is enrolled in the registration book or record of his 
county on file in said Clerk's office, or a certificate of the Secretary of State 
that his name is enrolled in the registration book or record of his county 
on file in the office of the Secretary of State, or prior to the filing of such 
books or records in or before the first day of February, 1898, in the office of 
the Clerk and Secretary of State a certificate of a member of the Board of 
Registration of his county that his name is enrolled on the county registra- 



96 CIVIL CODE OF SOUTH CAROLINA. 

tion book or records ; and it shall be the duty of the Clerk or the Secretary 
of State, or a member of the Board of Registration, to furnish such certifi- 
cate without cost or charge upon demand of any such elector whose name 
appears upon the registration books or records of his county on file in the 
office of the Clerk of Court or in the office of Secretar.y of State. The 
Commissioners of Election shall turn over said books to the Managers of 
Election of each polling precinct, who shall be responsible for the care and 
custody of said books and the return thereof to the Commissioners within 
three da3's after such election. The Commissioners of Election shall 
return such books to the Board of Registration within twenty days after 
such election. 

Civ. '12, § 219; Civ. '02, § 193; 1896, XXII, 44, § 22. 

Clerk's certiflcate as to registration of voter. State v. State Board of Canvassers, 79 S. C. 
246, 60 S. E. 699. 

(222) § 21. Who Entitled to Vote in Municipal Elections. — Every 
citizen of tliis State and of the United States of the age of twenty-one j'ears 
and upwards, having all the qualifications mentioned in Section 1 of this 
Chapter, and who has resided within the corporate limits of any incor- 
porated city or town in this State for four months previous to any munic- 
ipal election, and has paid all taxes due and collectible for the preceding 
fiscal year, and who has been registered as hereinafter required, shall be 
entitled to vote at all municipal elections of his citj^ or town. 

Civ. '12, § 220; Civ. '02, § 194; XXII, 44, § 23. 
Logan V. Stanley et al, 95 S. C. 22; 78 S. E. 534. 

(223) § 22. Registration for Municipal Elections. — Ninety days before 
the holding of a regular election in any incorporated city or town in this 
State the Mayor or Intendant thereof shall appoint one discreet indi\ddual, 
who is a qualified elector of such municipality, as Supervisor of Registra- 
tion for such city or town, who shall hold office for the term of two years 
and until his successor has been appointed and qualified, and who shall 
receive as compensation for his services one dollar per day for each day 
actually engaged in the discharge of his duties, to be paid by the town or 
city, whose duty it shall be to register all qualified electors within the limit 
of the incorporated city or town. The names of all qualified electors of 
such municipality shall be entered in a book of registration, which at least 
one week before the election, and immediately after the holding of the elec- 
tion, shall be filed in the oifice of the Clerk or Recorder of such city or town, 
and shall be a public record open to the inspection of any citizen at all 
limes : Provided, That twenty daj's prior to any special election to be held 
as aforesaid the books of registration shall be opened for the registration of 
the names of qualified electors therein, and shall remain open for a period 
of ten days: Provided, That in cities of over fifty thousand inhabitants 
there shall be appointed three Supervisors, who shall represent different 
political parties or factions of parties. Immediately preceding any munic- 
ipal election to be held in any incorporated city or to^vn in this State, the 
Supervisor or Supervisors of Registration (as the case may be) shall pre- 
pare for the use of the Managers of Election of each polling precinct in 



CIVIL CODE OF SOUTH CAROLINA. 97 

such city or town a registration book or books for each polling precinct in 
such city or town, containing the names of all electors entitled to vote in 
such polling precinct at said election. 

Civ. '12, § 221; Civ. '02, § 195; XXII, 44, § 24; 1908, XXV, 1026. 

Logan I'. Stanley et al, 95 S. C. 22; 78 S. E. 524; State e.x rel. Gulp et al v. City Council of 
Union. 

In re holding election for Alderman in Ward 1. in City of Union, 95 S. C. 131; 78 S. E. 738 

(224) § 23. Books, Etc., to Be Furnished. — It shaU be the duty of the 
Mayor or Intendant of incorporated cities or towns to cause to be prepared 
and furnished suitable books of registration and all stationery and blanks 
necessary for the registration of electors. 

Civ. '12, § 222; Civ. '02, § 196. 

(225) § 24. Qualifications for Registration — How Determined — Appeals. 

— The Supervisor or Supervisors of Registration (as the case may be) shall 
judge of the qualifications of all applicants for registration. The produc- 
tion of a certificate of registration from the Board or Supervisor of Regis- 
tration of the county entitling the applicant to vote in a polling precinct 
within the incorporated city or town in which the applicant desires to vote 
shall be a condition prerequisite to the applicant 's obtaining a certificate of 
registration for municipal elections; and the production of such certificate 
and proof of his residence within the limits of the municipality for four 
months preceding such election and the payment of all taxes assessed 
against him due and collectible for the previous fiscal year shall entitle the 
applicant to registration. From the decision of the municipal Supervisor 
any applicant may appeal to the Court of Common Pleas, or any Judge 
thereof, and from thence to the Supreme Court, and the mode of appeal 
shall be the same as provided in Section 7 of this Chapter. 
Civ. '12, § 223; Civ. '02, § 197. 

(226) § 25. Place of Voting in Incorporated Cities and Towns With 
Several Precincts. — In incorporated cities or towns in which there are 
more than one polling precinct, every elector shall vote at the polling pre- 
cinct in which his registration certificate entitles him to vote. 

Civ. '12, § 224; Civ. '02, § 198. 

(227) § 26. Elector to Have Certificate — Form. — Each elector regis- 
tered by the municipal Supervisor or Supervisors of Registration (as the 
case may be) shall be furnished by such Supervisor or Supervisors (as the 
case may be) with a certificate, which shall be of the following form: 

Civ. '12, § 225; Civ. '02, § 199. 

State of South Carolina, City or Town of 

Registration Certificate for Municipal Election. 
Number . . . . , Ward .... 

This is to certify that is a qualified elector of the city or town of 

, resides in Ward , is years of age, and is 



98 CIVIL CODE OF SOUTH CAROLINA. 

entitled to vote in the municipal election on the day of 

1..,. 

Registered on the day of , 1 . . . . 



"Supervisor of Registration." 



"Supervisor of Registration." 

(228) § 27. Managers of Election to Be Furnished With Registratioil 

Books. — Before any municipal election to be held in any incorporated 
city or town in this State after the general election of 1896, the municipal 
Supervisor or Supervisors of Registration (as the case may be) shall fur- 
nish the Managers of Elections with the book or books of registration for 
the city or town or precinct thereof, prepared by him or them for the use 
of the Managers of Election as prescribed in Section 22, which they 
shall return to the Supervisor or Supervisors (as the case may 
be) within three days after the election; and no elector shall be allowed to 
vote in any municipal election whose name is not registered as herein pro- 
vided, or who does not produce a municipal registration certificate at the 
polls: Provided, That in ease the name of any registered elector does not 
appear, or incorrectlj^ appears, on the registration books of his polling pre- 
cinct, he shall nevertheless be entitled to vote, upon the production and 
presentation to the Managers of Election of such precinct (in addition to 
his municipal I'egistration certificate) a certificate of the Clerk or Recorder 
of such city or town that his name is enrolled in the registration books of 
his city or town, on file in the office of said Clerk or Recorder, and it shall 
be the duty of said Clerk or Recorder to furnish such certificate without cost 
or charge u.pon demand of any such elector whose name appears on the 
registration book of his city or town on file in the office of said Clerk or 
Recorder. 

Civ. '12, § 226; Civ. '02, § 200. 

(229) § 28. Oath Required of Applicant. — Every applicant for registra- 
tion, including municipal registration, shall first take the following oath, to 
be administered to him by the Board or the Supervisor, or Supervisors of 
Registration (as the ease may be) : "I do solemnly swear (or affirm) that 
I am a citizen of this State and of the United States; that I am twenty- 
one years of age or more; that I have resided in this State for two years, 
and in this county for one year, and in the polling precinct in which 
I apply to be registered and in which I will offer to vote if registered for 
four months ; and that I have not been convicted of burglary, arson, obtain- 
ing goods or money under false pretenses, perjury, forgerj^ robbery, 
bribery, adultery, bigamy, wife-beating, housebreaking, receiving stolen 
goods, breach of trust with fraudulent intent, fornication, sodomy, incest, 
assault with intent to ravish, miscegenation, larcen.y, or crimes against the 
election laws." 

Civ. '12, § 227; Civ. '02, § 201; 1896, XXII, 40, § 30. 



CIVIL CODE OF SOUTH CAROLINA. 99 

(230) § 29. Each Township a Polling Precinct.i — Each township as now 
or hereafter laid out and defined in the several counties of this State, and 
in those counties where there are no such townships, the parish as formerly 
known and defined, is declared a polling precinct. In all cities and towns 
containing- five thousand inhabitant^ or more, where the same is divided 
into wards, each ward shall be a polling precinct; and in the City of Charles- 
ton the polling precincts shall be the same as the voting precincts now estab- 
lished in the several wards of said city by law, and in the County of Rich- 
land that portion of Columbia Townshijj outside of the corporate limits of 
the City of Columbia (as the said limits are now or may hereafter be by law 
established) shall constitute a separate polling precinct. The voting places 
within these polling precincts shall be the same as now or hereafter estab- 
lished by law : Provided, Wlien there are more than one voting place in 
the polling precincts the electors for that precinct can vote at either polling 
place, to be designated on his certificate of registration by Board of Regis- 
tration or Supervisor of Registration. 

Civ. '12, § 228; Civ. '02, § 202. 



CHAPTER IX. 

Location and Names of Voting Precincts. 

(231) § 1. Names and Location of Voting Precincts. — At all general 
elections held in this State, the same shall be conducted at the voting pre- 
cincts which are hereby fixed by law, in the various counties, cities and 
towns of this State, the number, location and names of which are. and shall 
be, as hereinafter designated, to wit : 

Civ. '12, § 229; Civ. '02, § 203. 

Abbeville. — In the County of Abbeville, there shall be voting precincts 
as follows : Abbeville Court House, Autreville, Due AA'^est, Donaldsville, 
Lowndesville, Magnolia, Central School House, in Long Cane Township, 
Clotworthy's Cross Roads, Bryant's Cross Roads, Keowee, Cheatam's Mill, 
Little River School House, in Due West Township, Saluda, near Broad 
Mouth School House, and Hampton, in Due West Township, Abbeville Cot- 
ton Mill, Williams Gin House, Gilliams Gin House. 

00 1900, XXIII, 368; 1904, XXIV, 507; 1910, XXVI, 770; 1912, XXVII, 591; 1913, 
XXVIII, 77; 1916, XXIX, 712; 1917, XXX. 197. 

AiKEN. — In the County of Aiken there shall be the following voting pre- 
cincts : Aiken Court House, Oakwood, Bath Mills, Kaolin, Banks' Mill, 
Creed's Store, Eureka, Fountain Academy, Graniteville, North Augusta, 
Kneece's Mill, Langley, Talatha PostofHce, Bloomingdale, Montmorenci, 
Shaw's, Fork, Oak Grove School House, Page & Hankinson's Store, Perry, 
Salleys, Seivern, Silverton, Sunnyside, Wagener, Windsor, Vaucluse, Ellen- 
ton. White Pond, Kitching's Mill, Lybrand and Warrenville, Monetta Pre- 
cinct, Clear Water, Matthew Ready Mill. 

1900, XXIII, 368; 1908, XXX, 1059; 1914, XXVIII, 543; 1915, XXIX, 232; 1920, 
XXXI, 85 ^ 



100 CIVIL CODE OP SOUTH CAROLINA. 

Allendale. — In the County of Allendale there shall be the following 
votiiig precincts : Allendale, Baldock, Bull Pond Club House, in Bull Pond 
Township, Sycamore, Ulmers, Millett, Fairfax, Cherry Hill School House, 
in Wilson Township, and Jennj^, in Sycamore Township. 

1919, XXXI, 185. 

Anderson. — In the County of Anderson there shall be voting places as 
follows : Anderson Court House, Belton, Craytonville, Pendleton, Center- 
ville, Sandy Springs, Five Forks, Hopewell Springs, Williamston, Honea 
Path, Milfords, Cedar Wreath, Moffettsville, Williford's Store, Smith's 
Mill, Starr, Tugaloo Academy, Iva, Piedmont Mills, Holland's Store, 
Pelzer, Flat Rock, Neals Creek Church, Cedar Grove, Townville, Mount 
Tabor, Orr Mills, Gluck Mills, Pelzer Mill No. 4, Piercetown, Toxaway Mill, 
Anderson Cotton Mills, Brogon Mill, Concrete, Belton Mills, Williamston 
Mills, Old Friendship School House, Whitefield Church, Grove School 
House, White Plains, Toney Creek, Three and Twenty, Walter McBlmoy, 
Campbell's Store and Wright's Store, Mountain View, North Anderson, 
Mountain Creek Church, Melton School House and Slmrley's Store, High 
Point School House. 

1900, XXIII, 368; 1910, XXVI, 770; 1912, XXVII, 593; 1911, XXVIII, 543; 1915 
XXIX, 232; 1916, XXIX, 712. 

Bamberg. — In the County of Bamberg there shall be voting precincts as 
follows: Bamberg, Denmark, Ola, Midway, Ehrhardt, Kearn's Mill, Far- 
rell's Store, Lee's, Govan, Colston, and Camp Branch. 

1900, XXIII, 368; 1904, XXIV, 507; 1914, XXVIII, 643; 1920, XXXI, 878, 920. 

Barnwell. — In the County of Barnwell there shall be the following 
voting places: Barnwell, Blackville, Snelling, Robbins, Kline, Dunbarton, 
Williston, Elko, Hercules Creek School House, in Fairfax, Myer's Mill, 
Pleasant Hill School House. 

1900, XXII, 368; 1905, XXIV, 946; 1919, XXXI, 185; 1920, XXX, 878, 920. 

Beaufort. — In the County of Beaufort there shall be the following vot- 
ing places : Beaufort No. 1, at or near Beaufort Court House, Beaufort No. 
2, at or near the Town Hall, Port Royal, Bluffton, Barrel Landing, Lady's 
Island, Cherry Hill, Brick Church, Paris Island and Benjie Point, Yem- 
assee. 

1900, XXIII, 369; 1910, XXVI, 766; 1912, XVII, 594; 1914, XXVIII, 543. 

Berkeley. — In the County of Berkeley there shall be voting places as fol- 
lows: In the parishes of St. Thomas and St. Dennis, Cainhoy and Bate's 
Still ; in the parish of St. James, Santee, Honey Hill ; in the parish of St. 
Stephens, St. Stephens, Gumville, Pineville and Bethera; in the parish of 
St. John's, Berkeley, Eutawville, Calamus Pond, Pinopolis, Cross Graded 
School and in the parish of St. James, Goose Creek, Holly Hill, Hilton's 
Cross Roads, Cooper's Store and Cams' Cross Roads, Macedonia, New 
Hope, Monck's Corner. 

1900, XXVIII, 369; 1909, XXVI, 68; 1914, XXVIII, 543; 1916, XXIX, 712. 



CIVIL CODE OF SOUTH CAROLINA. 101 

Calhoun. — In the County of Calhoun there shall be voting precincts as 
follows : Cameron, Fall Branch, Fort Motte, Lone Star, St. Matthews, Red 
Store, Murph's Mill, Center Hill, and Bethel Precinct. 

1910, XXVI, 767; 1914., XXVIII, 543. 

Charleston. — In the County of Charleston, outside the corporate 
limits of the City of Charleston, there shall be voting places as follows: 
Public School House grounds on James Island, Moultrieville, McClellanville, 
at or near Owendaw Bridge, in the parish of St. James Santee; Mount 
Pleasant, in Christ Church Parish ; Brick Church, in St. Andrew 's Parish ; 
Cedar Springs, on John's Island; Enterprise Postoffice, on AVadmalaw 
Island ; Camp Ground, on Edisto Island ; and on Meeting Street Road out- 
side of the corporate limits of the City of Charleston, and at or near Five 
Mile Curve, on Meeting Street Road : Provided, That nothing herein con- 
tained shall be construed to vary or affect the location of the voting pre- 
cincts within the limits of the City of Charleston as now established by law. 
The registration and voting precincts in the County of Charleston within 
the limits of the City of Charleston shall hereafter conform to the wards 
in which the City of Charleston is now by law divided, and registration and 
voting precincts are hereby established therein, as follows : The first pre- 
cinct of Ward One shall embrace all that portion of said Ward south of 
Broad Street, east of Church Street to Water Street, south of Water Street 
to Meeting Street, east of Meeting Street to South Bay Street. The poll 
shall be held at or near the corner of Church and Water streets. The 
second preeract of Ward One shall embrace all that portion of said Ward 
south of Broad Street, east of King Street, west of Church Street or Water 
Street to Meeting Street, west of Meeting Street to South Bay Street. The 
poll shall be held at or near the corner of Meeting and Tradd streets. The 
first precinct of Ward Two shall embrace all that portion of said Ward 
south of Broad Street, west of King Street to South Street, including south 
side of said street to Ashley River, east of Legare Street to Tradd Street, 
North of Tradd to Logan Street, east of Logan to Broad Street. The poll 
shall be held at or near the corner of King and Tradd streets. The second 
precinct of Ward Two shall embrace all that portion of said Ward south of 
Broad Street, west of Logan Street to Tradd Street, south of Tradd to 
Legare Street, west of Legare Street to Ashley River. The poll shall be 
held at or near the corner of New and Broad streets. The first precinct of 
Ward Three shall embrace all that portion of said Ward north of Broad 
Street, south of Hasel Street, east of Church Street and Maiden Lane. 
The poll shall be held at or near the corner of State and Cumberland streets. 
The second precinct of Ward Three shall embrace all that portion of said 
Ward north of Broad Street, south of Hasel Street, east of Church Street 
and Maiden Lane and east of King Street. The poll shall be held at Market 
Hall. The first precinct of Ward Four shall embrace all that portion of 
said Ward north of Broad Street, south of Wentworth Street, west of King 
Street and east of Mazyek and Coming streets. The poll shall be held at or 
near the corner of Archdale and Beaufain streets. The second precinct of 
Ward Four shall embrace all that portion of said Ward north of Broad 
Street, south of Wentworth Street, west of Mazyek and Coming streets. 



102 CIVIL CODE OF SOUTH CAROLINA. 

The poll shall be held at or near the corner of Smith and Beauf ain streets. 
The first precinct of Ward Five shall embrace all that portion of said Ward 
north of Hasel Street, south of Calhoun Street and east of Anson Street. 
The poll shall be held at or near the corner of Laurens and Middle streets. 
The second precinct of Ward Five shall embrace all that portion of said 
Ward north of Hasel Street, south of Calhoun Street, west of Anson and 
east of King Street. The poll shall be held at or near the corner of Meeting 
and Society streets. The first precinct of Ward Six shall embrace all that 
portion of said Ward north of Wentworth Street, south of Calhoun Street, 
west of King Street and east of Pitt Street. The poll shall be held at or 
near the corner of George and College streets. The second precinct of 
Ward Six shall embrace all that portion of said Ward north of Wentworth 
Street, south of Calhoun Street and west of Pitt Street. The poll shall be 
held at or near the corner of Bull and Eutledge streets. The first precinct 
of Ward Seven shall embrace all that portion of said Ward north of Calhoun 
Street, south of Mary Street and east of Elizabeth Street. The poll shall 
be held at or near the corner of Alexander and Charlotte streets. The 
second precinct of Ward Seven .shall embrace all that portion of said Ward 
north of Calhoun Stieet, south of Mary Street, west of Elizabeth Street and 
east of King Street. The poll shall be held at or near the corner of Hutson 
and Meeting streets. The first precinct of Ward Eight shall embrace all 
that portion of said Ward north of Calhoun Street, south of Radcliffe 
Street, west of King Street and east of Pitt and Thomas streets. The poll 
shall be held at or near the corner of Vanderhorst and Coming streets. 
The second precinct of Ward Eight shall embrace all that portion of said 
Ward north of Calhoun Street, south of Radcliffe and Bee streets and west 
of Pitt and Thomas streets. The poll shall be held at or near the corner of 
Eutledge and Vanderhorst streets. The first precinct of Ward Nine shall 
embrace all that portion of said Ward north of Mary Street, south of 
Columbus Street and east of Nassau and Hanover streets. The poll shall 
be held at or near the corner of Amhurst and America streets. The second 
precinct of Ward Nine shall embrace all that portion of said Ward north 
of Columbus Street, east of Hanover Street to the city boundary. The poll 
shall be held at or near the corner of America and Cooper streets. The first 
precinct of Ward Ten shall embrace all that portion of said Ward north of 
Mary Street, south of Columbus Street, west of Nassau Street and east of 
King Street. The poll shall be held at or near the corner of Wolfe and 
Meeting streets. The second precinct of Ward Ten shall embrace all that 
portion of said Ward north of Columbus Street, east of King Street and 
west of Hanover Street to the city boundary. The poll shall be held at or 
near the corner of Line and Meeting streets. The first precinct of Ward 
Eleven shall embrace all that portion of said Ward north of Radcliffe 
Street, south of Spring Street, west of King Street and east of Rutledge 
Avenue. The poll shall be held at or near the corner of Morris and Com- 
ing streets. The second precinct of Ward Eleven .shall embrace all that 
portion of said Ward north of Spring Street, west of King Street and east 
of Rutledge Avenue to the city boundary. The poll shall be held at or near 
the corner of Line and Coming streets. The first precinct of Ward Twelve 
shall embrace all that portion of said Ward north of Bee Street, west of 



CIVIL CODE OF SOUTH CAROLINA. 103 

Rutledge Avenue, east of President Street and its line of prolongation to the 
citj' boundary. The poll shall be held at or near the corner of Ashley and 
Spring streets. The second precinct of Ward Twelve shall embrace all that 
portion of said Ward north of Bee Street, west of President Street, and its 
line of prolongation to the city boundary. The poll shall be held at or near 
the corner of Spring and Norman streets, Ravenel Precinct, in Charleston 
County. 

1896, XXII, 50; 1890, XX, 713; 1912, XXVII, 595; 1914, XXVITI, 543. 

Cherokee. — In the County of Cherokee there shall be voting places as 
follows: At Grassy Pond, Maud, Martin's Store, at Battle Ground, White 
Plains, Ravenna, Corinth Church, Draytonsville, Timber Ridge, Littlejohn's, 
Sarratt, Wilkinsville, King's Creek, Cherokee Palls, Blacksburg, Buffalo, 
Macedonia, Antioch, Butler, at Butler's School House, Wood, Thickety, 
Limestone, at Limestone Mills, Gaucher, at C. E. Smith's Store, Maud, at 
Ashworth School House, Island School House Precinct, and one at Met- 
calf 's Store, to be known as Metcalf, and there shall be four voting places 
in the town of Gaffney, as follows : at Woodman Hall, in Ward One, to be 
known a^ Gaffney No. 1 ; one at the National Bank Old Building, to be 
known as Gaffney No. 2; and one at W. L. Spake 's Store, in Ward Five, 
to be known as Gaffney No. 3 ; and one at Opera House, to be known as 
Gaffney No. 4. 

1900, XXIII, 309; 1910, XXVI, 767; 1914, XXVIII, 543; 1916, XXIX, 712; 1920, 
XXXI, 920. 

Chester. — In the County of Chester there shall be voting places as fol- 
lows: Chester Court House, Lowryville, at J. Wesley Carter's, Lando, 
Fishing Creek Church, Rodman, on S. A. L. Railroad, Rossville, Halsell- 
ville, Wilksburg, Lansford, Cornwell's, Richburg, Edgemore, Baton Rouge, 
Ferguson 's Store, Fort Lawn, White 's Store, Leeds, Great Falls, and Hazel- 
wood. 

1900, XXIII, 369; 1910, XXVI, 767; 1916, XXIX, 712; 1917, XXX, 197. 

Chesterfield. — In Chesterfield County there shall be voting places as 
follows: Chesterfield Court House, Cheraw, Marburg, Brooks' Mill, Wex- 
ford, Mount Crogan Cross Roads, Ruby, Snow Hill, Jefferson, Catarrh, 
Dudley, Pageland, McBee, Middeudorf, Cat Pond School House, Bethel, 
Douglass Mill, Grant's Mill, Patric, Odom's Mill, Windzo, Plains, and 
Asagelus. 

1900, XXIII, 309; 1910, XXVI, 771; 1912, XXVII, 593. 

Clarendon. — In Clarendon County there shall be voting places as fol- 
lows : Hodges Corner, Packsville, Odom, Alcolu, Barron 's Mill, New Zion, 
Turbeville, McFadden's Store, Forreston, Wilson Duffie's Store, Jordon, 
Manning, Davis Cross Roads, St. Paul's, Summerton, Panola, Davis' 
Station. 

1900, XXIII, 369; 1906, XXV, 128; 1917, XXX, 197. 

Colleton. — In Colleton County there shall be voting places as follows: 
Odom, Jacksonboro, Greenpond, Cottageville, Maple Cane, Horse Pen, Hen- 
dersonville, Snyder's Cross Roads, Rice Patch, Belle's Cross Roads, 



104 CIVIL CODE OF SOUTH CAROLINA. 

Smoak's Cross Roads, Doctor's Creek, Ash ton. Lodge, Petit 's Store, Peo- 
ple's Club, Williams, Berea's Church, Walterboro, Hudson's Mill, Ruffin, 
Ritters, Sidney and Tiger Creek, White Hall, Colleton, Round, Wolfe 
Creek, Benton's Mill, Pine Grove, and Wiggins. 

1900, XXIII, 369; 1910, XXVI, 768; 1912, XXVII, 593; 1914, XXVIII, 543; 1915, 
XXIX, 232; 1916, XXIX, 712; 1918, XXX, 838; 1919, XXXI, 185. 

Darlington. — In the County of Darlington there shall be voting places 
as follows: Darlington Court House No. 1, Darlington Cotton Mill No. 2, 
Mechanicsville, Society Hill, Leavensworth, Hartsville, Lydia, Lamar, Early 
Cross Roads, Bethlehem Church, in Antioeh Township, McColl's Branch, 
in Philadelphia Township, Palmetto, Lumber and Clyde, at Clyde, Highhill 
School House. 

1896, XXI, 51; 1905, XXIV, 946; 1918, XXX, 838. 

Dillon. — In the County of Dillon there shall be voting places as follows : 
Bermuda, Fore's Cross* Roads, Floydale, Centerville, Dillon, Hamer, Gad- 
dy's Mill, Page's Mill, Latta, Little Rock, Fork, Judson, Mt. Calvary, 
Kemper, Gin House and Maple Cotton Mill, Pleasant Hill, Fowler's School 
House, Harlee. 

1910, XXVI, 767; 1911, XXVII, 117; 1914, XXVIII, 543; 1915, XXIX, 232; 1916, 
XXIX, 712; 1918, XXX, 838. 

DoRCHKSTER. — In the County of Dorchester there shall be voting places 
as follows : Cattle Creek School House, in Koger Township, Reevesville, St. 
George, Grover, Indiran Fields, Harleyville, Ross, Pregnall's, Beech Hill, 
Delamars, Knightsville, Ridgeville, and in the town of Summerville there 
shall be two (2) voting precincts. No. 1, at the Town Hall, near the depot, 
and No. 2 shall be held at the Old Town Hall. 

1900, XXIII, 370; 1910, XXVI, 768. 

Edgefield. — In the County of Edgefield there shall be voting places as 
follows: Timmerman, Johnston, Trenton, Edgefield C. H., No. 1, for Pick- 
ens Township, Edgefield C. H., No. 2, for Wise Township, Meeting Street, 
Pleasant Lane, Red Hill, Cheatham's Store, Mathis, Meriwether Hall, 
Ropers and Bacon School House, near J. 0. Seigler's residence. 

1900, XXIII, 370; 1903, XXIV, 8; 1911, XXVII, 117; 1912, XXVIII, 595; 1916, 
XXIX, 712; 1918, XXX, 838. 

Fairfield. — In the County of Fairfield there shall be voting places as 
follows: Albion, at Newhope School House, Centerville School House, 
Blythewood, Feasterville, Mitford, at Keistler's Store, Horeb, at Hau's 
Store, Monticello, Ridgeway, Winnsboro, Woodwards, Longtown, at Jen- 
kins' Store, Bear Creek, Cooper School House, Duke School House, Green- 
brier, Jackson's Creek School House, Jenkinsville, Fairfield Cotton Mill. 

1900, XXIII, 370; 1910, XXVI, 768; 1920, XXXI, 878. 

Florence. — In the County of Florence there shall be voting places as 
follows : In the City of Florence there shall be two. No. 1 and No. 2, Ebene- 
zer, Timmonsville, Cartersville, Jones Cross Roads, Langston School 
House, Mars Bluff, Evergreen, Pamplico, Cowards, Olanto, Touray, Hannah, 



CIVIL CODE OF SOUTH CAROLINA. 105 

Savage, Salem, Oak Grove, Back Swamp, at MeCall's Store, Claussen and 
Friendfield, at Brooks Cross Roads, McAllister's Mill, Lake City, Scranton, 
Prospect Church. 

1900, XXIII, 370; 1910, XXVI, 768; 1912, XXVII, 594; 1914, XXVIII, 543; 1918, 
XXX, 838. 

Georgetown. — In Georgetown County there shall be voting places as fol- 
lows : Georgetown No. 1, at or near Georgetown Court House ; Georgetown 
No 2, at or near store of the Southern Mercantile Company ; Sampit, Car- 
ver's Bay, Choppee, at or near Munnerlyn's Store; Black River, Potato 
Ferry, Greers, at or near Young's Cross Roads; Murrell's Inlet, Waverly 
Mills, Santee, Pennyroyal Bridge, Cedar Creek, Bethel Crossing, Rose- 
mary, Snow Mill and Birdfield, Munnerlyn's Bay Store and Brinkley Bros'. 
Store. 

1900, XXIII, 370; 1907, XXV, 506; 1915, XXIX, 232. 

Greenville. — In the County of Greenville there shall be voting places as 
follows : Six in the City of Greenville, to be placed by the Commissioners of 
Election, one to be in each ward of the city, to bear the same number as the 
ward in which it is located ; Reedy River Mills, West Gantt School House, 
Reedy Fork, K. S. Chandler's, Fork Shoals, J. E. Knight's, Ashemore, 
Peden's Old Store, Jonesville Academy, Batesville, Mission School House, 
Taylor's, Double Springs Church, T. J. Mitchell's, S. W. Barton's (Glassy 
Mt. Township), Merrittsville School House, Jenning's Mill, Montague, 
Piedmont Factor, Gowansville, Marietta, West Dunklin New School House, 
Locust, Tigerville, Reed's School House; one box for Sampson and Poe Mills 
to be located at Sampson; one box for Brandon, Bessie, Reese's Store, 
Fountain Inn, Greer, Simpsonville, Lima School House, Monaghan Mills, 
A. W. McDavid's Store, Berea School House, James Wilson's Store (High- 
land), East View, Hellam's Crossing and Mountain Hill, Traveler's Rest, 
Mills Mill, Judson Mill, Duneau Mills, Sans Souci, Greer Manufacturing 
Co., Woodside Mills, at Y. M. C. A., Armstrong School House, Brandon 
Mill, Douthit School House, Gilreaths, Reden's Store precinct changed to 
Fairview, at Fairview Stock Show Grounds, Bradley, at J. T. Ashmore's 
Store, Stewart Academy, Hillside, at Thos. T. ToUeson's Store, Mauldin, 
Oak Valley School House, Ebenezer Welcome School House, Lebanon, Dry 
Oak, Old Hundred, Ware's, at Ware's Store. 

1900, XXIII, 370; 1910, XXVI, 768; 1913, XXVIII, 77; 1914, XXVIII, 543; 1915, 

XXIX, 232; 1916, XXIX, 712; 1917, XXX, 197; 1918, XXX, 838; 1919, XXXI, 185; 
1920, XXXI, 878. 

Greenwood. — In Greenwood County there shall be voting places as fol- 
lows : Greenwood, Coronaca, Cokesbury, Hodges, Riley, Verdery, Callison, 
Ninety-Six, Bradleys, Pha?nix, Kinards School House, Kirksey's, Paynes 
Cross Roads, Epworth, Algary, Dyson and Ware Shoals. 

1900, XXXIII, 371; 1904, XXIV, 509; 1915, XXIX, 232; 1916, XXIX, 712; 1917, 

XXX, 197; 1918, XXX, 838. 

Hampton. — In the County of Hampton there shall be the following vot- 
ing places : Brunson, Hampton Court House, Varnville, Early Branch, 
Brighton, Estill, Luraj^, Bonnett, Stafford, Scotia, Gifford, Seminole, Horse 
Gall, River Mill, Hopewell, Crockettville, Cummings, and Black Creek. 

1900, XXXIII, 371; 1910, 771; 1918, XXX, 838; 1920, XXX, 878. 



106 CIVIL CODE OF SOUTH CAROLINA. 

Horry. — In Horry County there shall be voting places as follows : Adrian, 
Bayboro, Blanche, Cedar Grove, Conway, Cool Springs, Daisy, Dog Bluff, 
Dodwood, Ebenezer, Farmer, Floyd, Gallivant 's Ferry, Grahamville, Green 
Sea. Greenwood, Guerley, Hammond, Homewood, Little River, Loris, Mar- 
low, Port Harrelson, Sauford, Shell, Spring Branch, Socastee, Tajdorsville, 
Vardville, Wampee, Withers, Jordanville, Graham's Cross Roads, Aynor, 
Horry, Knotty Branch, and Jernigan's Cross Road Precinct. 

1900, XXIII, 371; 1910, XXVI, 769; 1912, XXVII, 592; 1914, XXVIII, 513; 1915, 
XXIX, 232; 1916, XXIX, 712; 1918, XXX, 838; 1920, XXXI, 878, 920. 

Jasper. — Grahamville, Gillisonville, Grays, Hardeville, Ridgeland, and 
Okatie. 

1915, XXIX, 232; 1917, XXX, 197. 

Kershaw. — In Kershaw County there shall be voting places as follows: 
Camden Opera House, Ratcliff's Mill, Cassatt, Kershaw, Rabon's Cross 
Roads, Blanejr, Lugoff, Bethune, Westville, Buffalo School House, Stone- 
boro, Liberty Hill, Mt. Zion Church, Stockton Place, Kirkley's Store, 
Raley's Mill, Shaylor's Hill, Stokes' School House, Hermitage Cotton Mill, 
Pine Creek Cotton Mill, Cleveland's School House, Cantey, Three C's, 
Beaver Dam School House, Shamrock. 

1900, XXIII, 371; 1907, XXX, 506; 1908, XXV, 106; 1910, XXVI, 769; 1912, XXVII, 
595; 1915, XXIX, 232; 1916, XXIX, 712; 1917, XXX, 197. 

Lancaster. — In the County of Lancaster there shall be voting places as 
follows : Lancaster Court House, Lancaster Cotton Mills, Antioch, Pleasant 
Valley, Pine Grove School House, Lindsay, Thornwell, Tradesville, Jack- 
sonham. Union, at Union School House, Taxaliaw's, Welsh's, Carmel, Heath 
Springs, Flat Creek, at Flat Creek Church; Blair, Primus, Dwight, Ker- 
shaw, Van Wyck, Elgin, at Elgin Station ; Crenshaw, at Crenshaw School 
House, in Cedar Creek Township ; Haile Gold Mine, White Bluff and Unity, 
at Unity School House, New Bethel School House, Osceola, Tabernacle, 
Midway. 

1900, XXIII, 371; 1910, XXVI, 769; 1914, XXVIII, 543; 1915, XXIX, 232; 1916, 

XXIX, 712; 1920, XXXI, 920. 

Kershaw is voting precinct of Lancaster County and not of Kersliaw County. Croxton v. 
Truesdel, 75 S. C. 416, 424, 56 S. E. 45. 

Laurens. — In the County of Laurens there shall be voting places as fol- 
lows : Laurens Court House, Laurens Cotton Mill, Renno, Langston Church, 
Ora, Pleasant Mound, Young's Store, Stuart's Store, Gray Court, Dial's 
Church, Shiloh, Woodville, Tumbling Shoals, Brewerton, at T. T. Woods, 
Daniel 's Store, Tip Top, Mount Pleasant, Cross Hill, Mountville, Hopewell, 
Waterloo, Ekom, Clinton Cotton Mills, Clinton, Princeton, Watt's Mills, 
Cook's Store, Langford's Station, Goldville, Lydia Mills, Gray's School 
House, Poplar Springs, Thompson, Owings, Hickory Tavern. 

1900, XXIII, 371; 1909, XXVI, 69; 1912, XXVII, 595; 1913, XXVIII, 77; 1915, 
XXIX, 232; 1916, XXIX, 212. 

Lee. — In the County of Lee there shall be voting places as follows : 
Bishopville Township, one at Bishopville, and one at Manville ; of Lynch- 
burg Township, one at Lynchburg; of St. Charles Township, one at St. 



CIVIL CODE OF SOUTH CAROLINA. 107 

Charles; MechanicsAalle Towiasliip, DuBose's Cross Roads; of Spring- 
Hill Township, one at Smith-ville ; Ionia Township, one at Ionia School 
House, and one at McCaskill's School House; of Turkey Creek Township, 
one at Turkey Creek and one at Lucknow ; of Stokes Bride Township, one 
at Stokes Bridge; of Cypress Township, one at Cypress; of Mt. Clio To-mi- 
ship, one at Wisacky. 
1909, XXVI, 69. 

Lexington. — In the County of Lexington there shall be voting- places as 
follows: Lexington Court House, Leesville, Gilbert, Gaston, Pool's Mill, 
Irmo, Ballentine, Chapiu, Efird's Store, Peak's Station, W. P. Shealy's 
Store, Hilton, Samaria, Batesburg, Swansea, Red Store, Huilman's Burnt 
MiU, Brookland, Spring Hill, Falk's School House, Red Bank, Brook, 
Lower Fork, at St. Andrew's School House; Edmund, Pelion, Crout's Store, 
Steadman, Sandy Run, at Oak Grove, St. Matthew's, T. H. Shull's Store, 
Summit, Magnolia, Macedonia, Cayee, Hollow Creek, Lower Fork, Mims, 
Cromer, Piney Woods, Ridge Road. 

1900, XXIII, 372; 1908, XXV, 1061; 1913, XXVIII, 77; 1914, XXVIII, 543; 1916, 
XXIX, 712; 1917, XXX, 197; 1918, XXX, 838. 

Mabion. — In the County of Marion there shall be voting places as fol- 
lows: Ariel, at Black Swamp School House; Bermuda, at Bermuda Post- 
office, in Carmichael Township; Fore's Cross Roads, at or near the resi- 
dence of Tracy E. Fore, in Kirby Township; Campbell's Bridge, Cedar 
Grove, at Cedar Grove, in Wakee Township ; Centerville, Dillon, Friend- 
ship, Hamer (formerly Carmichael), at Hamer's, in Carmichael Town- 
ship ; Kemper, Latta, Little Rock, Marion, Mt. Nebo, Mullins, Nichols, Old 
Ark, Temperance Hill, Fork, near Fork Depot; and one at Bejmett's Store, 
to be called Judson, Harleysville Town.ship ; and one at Sellers, to be called 
Sellers, in Kirby Township ; and one, to be known as Zion, at or near Zion 
Depot ; and at Maple Mills, near Dillon ; and at Gin House, on S. S. Turbe- 
•ville's Plantation, in Mood's Town.ship ; Center, Olivet, Old Ark Precinct. 

1900, XXIII, 372; 1907, XXV, 506; 1916, XXIX, 712; 1918, XXX, 838. 

Mablboro. — In the County of Marlboro there shall be voting places as 
follows: Bennettsville, Red Hill, Brownesville, Hebron, Clio, McColl, New- 
tonville, Brightsville, at Goodwin's Mill, Tatum, Joe Quicks Cross Roads, 
Kollocks. 

1900, XXIII, 372; 1904, XXIV, 510. 

McCoRMicK. — In the County of McCormick there shall be voting pre- 
cincts as follows: B. C. Tolbert's Store, T. B. Bell's Store, Lyon, McCor- 
mick, Clotworthy, Cross Roads, Young's School House, Willington, Bor- 
deau, Mt. Carmel, Modoc, Parksville, Plum Branch and Rehoboth, White 
Town School House. 

1918, XXX, 708; 1920, XXXI, 878, 920. 

Newberry. — In the County of Newberry there shall be the following 
voting places : Newberry Court House, Newberry Cotton Mills, Oakland 
Cotton Mills, Mollohon Cotton Mills, Glymphville, Helena, Maybinton, 
Whitmire, Beth Eden, Jalapa, Longshore, Williams, Chappells, Utopia, 



108 CIVIL CODE OF SOUTH CAROLINA. 

Prosperity, Hendrix Mill, Slighs, Jolly Street, Central School House, 
Pomaria, Walton, Mount Bethel, Saint Philip, Little Mountain, Union 
Academy, Kinards and Garmany Academy: And provided, All voting 
precincts in that portion of Lexington County which has recently been 
annexed to Newberry County be, and the same are hereby, declared and 
designated to be voting precincts in Newberry County. 

1900, XXIII, 372; 1910, XXVI, 769; 1912, XXVII, 592; 1915, XXIX, 232; 1920, 
XXXI, 8. 

Oconee. — That in the County of Oconee the A'oting places shall be thirty- 
one, located as follows, to wit : No. 1, at P'air Play ; No. 2, at South Union ; 
No. 3, at Earles Mill ; No. 4, at Providence ; No. 5, at Friendship ; No. 6, at 
Return School House ; No. 7, at Tokeena ; No. 8, at Oakway ; No. 9, at Tabor ; 
No. 10, at Madison; No. 11, at Westminster; No. 12, at Richland; No. 13, at 
Seneca ; No. 14, at Clemson College ; No. 15, at Newry ; No. 16, at Keewee 
School House ; No. 17, at High Falls ; No. 18, at Salem ; No. 19, at Jocassee ; 
No. 20, at West Union ; No. 21, at Walhalla ; No. 22, at Pick Post ; No. 23, 
at Tamassee ; No. 24, at Little River ; No. 25, at Wolf Pitt ; No. 26, at Double 
Springs; No. 27, at Long Creek; No. 28, at Damascus; No. 29, at Holly 
Springs; No. 30, at Tugale Academy; No. 31, at Oconee Creek School House. 

1900, XXIII, 372; 1910, XXVI, 771; 1917, XXX, 197; 1918, XXX, 699; 1920, XXI, 
920. 

Orangeburg. — In the County of Orangeburg there shall be voting places 
as follows: Ayers, Bowman, Branchville, Cedar Grove, Cope, Cordova, 
Providence, Ebenezer, Elloree, Eutawville, Holly Hill, Jamison, Living- 
ston, North, Norway, Orangeburg, Phillips, Raymond, Rowesville, Sawyer- 
dale, Springfield, Vance and Stokes, at or near the place of the late Dr. J. 
W. Stokes, East Orange. 

1900, XXIII, 372; 1910, XXVI, 770; 1914 XXVIII, 543; 1917, XXX, 197. 

Pickens. — In the County of Pickens there shall be voting places as fol- 
lows: Easley, Central, Liberty, Pickens Court House, Dacusville, Catee- 
chee, Pumpkintown, Eastatoe, Cross Plains (at Freeman's Store), Peter's 
Creek (at Peter's Creek School House), Mile Creek (at Mile Creek Church), 
Prater's (at Prater's Creek Church), Six Mile (at Six Mile Church), Cal- 
houn, Holly Springs (at Holly Springs Church), Gaphill, Loopers Gin, 
Crosswell School House, Pleasant Grove (in Pumpkintown Township), 
Norris, Easley Cotton Mill, Glenwood Cotton Mill, Alice Mills, Rocky Bot- 
tom (at Rocky Bottom School House), and Flat Rock, and Pickens Cotton 
Mills, near Pickens Court House. There shall be two additional voting 
precincts in Pickens County, known as Issa Queena Mill, at Central, and 
Easley Mill, No. 2, at Liberty ; Garretts Store, Cross Roads. 

1900, XXIII, 373; 1909, XXVI, 69; 1912, XXVII, 592; 1914, XXVIII, 543; 191.5, 
XXIX, 232; 1916, XXIX, 712; 1920, XXXI, 920. 

Richland. — In the County of Richland there shall be voting places as 
follows: In the Upper Township, Sligh's, Taylor's Store, Killians, Way- 
side, at or near Wayside School House ; in Center Township, Jacobs, at or 
near Jacob's Station; Davis, at or near William Thomas' residence, Horrell 
Hill, at Morrell's Store, Garner, Midway; in Lower Township, Eastover, 



CIVIL CODE OP SOUTH CAROLINA. 109 

Gadsden, Hopkins; in Columbia Township, Waverley, at or near the fork 
of the Rioe Creek Spring and Camden Road, Eau Claire, Shandon and 
Olympia, on public road known as Bluff Road, at or near store of S. I. 
Riiey, and in the City of Columbia, Ward 1, Ward 2, Ward 3, Ward 4, and 
Ward 5, Springfield, Balleiitine and Fork's School House. That there shall 
be an additional precinct in Richland County, to be known as "Shandon 
Annex," and located at or near T. P. Milford's Store. Additional voting 
precincts are established to be known as follows: Nates' School House, in 
Dutch Fork Township, Edgewold School House, on the Two Notch Road. 
In that district recently annexed from Fairfield County, two voting pre- 
cincts to be known as Blythewood and Cooper's School House. There shall 
be an additional voting precinct in Richland County, known as Duke School 
House. The name of the voting precinct heretofore known as Spring Field 
is changed to Spring Hill. There is hereby established an additional pre- 
cinct at or near Dentsville, to be known as Dentsville ; also an additional 
precinct at or near the Town Hall in the town of "Arden," to be known as 
"Arden;" also one at or near Holly Grove, to be known as Holly Grove. 
One additional in Ward 8, in the City of Columbia, to be located at or near 
Powell's Store, Brown's Chapel. 

1900, XXIII, 373; 1909, XXVI, 69; 1912, XXVII, 592; 1918, XXVITI, 77; 1914, 
XXVIII, 543; 1915, XXIX, 232; 1916, XXIX, 712; 1918, XXX, 838. 

Saluda. — In the County of Saluda there shall be voting places as fol- 
lows: Saluda, Fruit Hill, at Fruit Hill Postoffiice; May's Cross Roads; Big 
Creek, at Big Creek Postoffice; Ellis' Store, Perry's Cross Roads, Denny's 
Cross Roads, Mount Willing, Holstein's Cross Roads, Ridge Spring, Wards, 
Richland Church, Kinard's Store, Fairview School House, Holl.y's, at J. N. 
C. Fulmer's Store; Dupont, at Geo. W. Bowers' residence, and Rushton 
Store, Monetta. 

1900, XXII, 373; 1906, XXV, 131; 1917, XXX, 197. 

Spartanburg. — In the County of Spartanburg there shall be voting 
places as follows: Antioch, Ardella, Arrowwood, Arlington, Arkwright, 
Roebuck, Beaumont, Bishop, Boiling Springs, Brannon, Campton, Campo- 
bello. Cannon's, Camp Ground, Cashville, Cavins, Cherokee, Clifton No. 1, 
Clifton No. 2, Clifton No. 3, Crescent, Cowpens, Cross Anchor, Duncan, 
Dr. Young's Store, Enoree, Fair Forest, Fairview, Fairmount, Fingerville, 
Grantling, Glendale, Glenn Springs, Green Pond, Morgan's Store, Hobby's, 
Hebron, Holly Springs, at Bruce 's Store, Inman, Landrum, Moore, Molton 's 
Creek, McKelvey's, New Prospect, Pacolet, Pacolet Mills (within five hun- 
dred yards of Company's Store), Paris, Pelham, Pauline,Poplar Springs, 
Reidville, Rich Hill, Saxon Mills, Spartan Mills, Switzer, Swan, Spartan- 
burg No. 1, Spartanburg No. 2, Spartanburg No. 3, Spartanburg No. 4, 
Spartanburg No. 5, Spartanburg No. 6, Trough, Tucapau, Valley Falls, 
Victory Mills, Walnut Grove, Wellford, Whitney, Woodruff, Wood's Chapel, 
Berry's at Berry's Postoffice, Mount Olive, Brooklyn, Inman Mills, Arcadia 
Mills, Draj'ton Mills, Dutchman, at Brown's Store, Cedar Spi'ings, at School 
House, Mary Louise Mills and Cooly Springs, in Cherokee Township, at 
S. M. Lee's Store, one at Chesnee, one at W. T. McDowell's Stoi-e, to be 
known as McDowell's, one at Zion Hill, and one at or near the Crescent 



110 CIVIL CODE OF SOUTH CAR0L12IA. 

Knitting Mills, to be known as South Spartanburg. There shall be addi- 
tional voting precincts in Spartanburg Couiity, known as Gray Cotton 
Mill Precinct, and Woodruff Cotton Mills. The precincts heretofore known 
as Wood's Chapel to be changed to and located at Wilson's Store. The 
voting precinct at McKelvey's is changed to Mayo, in said county, to be 
known as Mayo. 

1900, XXIII, 373; 1910, XXVI, 769; 1911, XXVII, 117; 1912, XXVII, 594; 1913, 
XXVIII, 47, 77; 1914, XXVIII, 543; 1916, XXIX, 712; 1920, XXXI, 878. 

Sumter. — In the County of Sumter there shall be voting places as fol- 
lows: Sumter Court House No. 1 (situated in Ward 1 of the City of Sum- 
ter), Sumter Court House No. 2 (situated in Ward 2 of the City of Sum- 
ter), Siimter Court House No. 3 (situated in Ward 3 of the City of Sum- 
ter), Sumter Court House No. 4 (situated in Ward 4 of the City of Sum- 
ter), Stateburg, Providence, Rafting Creek, Oswego, Maj'-esville, Shiloh, 
Concord, Privateer Station, Wedgefield and Bloomhill, in Manchester Town- 
ship, DuBose. 

1900, XXIII, 373; 1906, XXV, 132; 1916, XXIX, 712. 

Union. — In Union County there shall be voting places as follows : Union 
Court House, Cross Kej's, Black Rock, Carlisle, Santuc, Armsburg, Kelton, 
Jonesville, Gibbes, Coleraine, West Springs, and Lockhart Mills, to be 
located within five hundred yards of the factory, one at Buffalo Mills, 
Bogaus^dlle Township, one at Monarch Mills, Union Township, and one to 
be known as the ' ' Knitting Mill, " to be located at Excelsior Knitting Mill, 
in the town of Union. The polling place at Cross Keys shall be in the 
building now occupied by the Cross Keys Mercantile Company, or upon the 
premises upon which is now situated the said building, Meadors, and Wel- 
burns : Provided, That in Union Countj^ there shall be two voting precincts 
in Cross Kej's Township, one at Sedalia, to be known as Sedalia, and one at 
Ci-oss Keys, to be known as Cross Keys. 

1900, XXIII, 374; 1904, XXIV, 512; 1912, XXVII, 593; 1913, XXVIII, 47; 1914, 

XXVIII, 543; 1916, XXIX, 712. 

Williamsburg. — In the County of Williamsburg there shall be voting 
places as follows: Trio, Earles, Sulton, Gourdins, Greele^^'ille, Salters, 
Kingstree, Cedar Swamp, Cades, Morrisville, Vox, Hebron Church, Indian 
Town, Muddy Creek, Poplar Hill, Taft and Bloomingdale, Hemiugway, 
Johnsonville, Workman, Pergannos, Mouzon. 

1893, XXI, 427; 1908, XXV, 1062; 1912, XXVII, 594; 1914, XXVIII, 543; 1915, 

XXIX, 232; 1918, XXX, 838. 

York. — In the County of York there shall be voting precincts as follows: 
York, Hickory Grove, Piedmont, at New Zion School House, Bethany, For- 
est Hill Academy, Port Mill, Rock Hill, Coates' Tavern, Ogden, at Ogden's 
School House, in Bethesda Township, McConnells\-ille, Blairsville, Bul- 
lock's Creek, at Good's Store, Bethel, Clover, Newport, Sharon, Tirzah, 
Smyrna, Ebenezer, Aragon Cotton Mills, Hopewell, Filbert, Leslie. 

1909, XXVI, 70; 1914, XXVIII, 543; 1918, XXX, 838; 1920, XXXI, 878. 

(232) § 2. When Registration Certificates May Be Changed. — The 

Supervisor of Registration for the several counties named in Section 1 
herein are hereby authorized and required to exchange the registration 



CIVIL CODE OF SOUTH CAROLINA 111 

of such electors as may apply for that purpose from other voting places 
to the voting places established by Section 1 wherever it shall appear 
to them that the elector so applying resides within a reasonable distance 
from the same. 

Civ. '12, § 230; Civ. '02, § 204. 



CHAPTER X. 

The Manner of Conducting Elections and Returning Votes. 

Article 1. The General Election — Commissioners and Managers of Elec- 
tion, 111. 

Article 2. Formation and Proceedings of the Board of County Can- 
vassers, 115. 

Article 3- Formation and Proceedings of the Board of State Canvass- 
ers, 117. 



ARTICLE I. 

The General Election — Commissioners and Managers of Election. 

(233) § 1. State Elections — ^When and Where Held. — General elections 
for Federal, State and countj^ olBcers in this State shall be held on the first 
Tuesday following the first Monday in November, one thousand eight hun- 
dred and ninety-six, and in every second year thereafter, and at such voting 
places as have been or maj'' be established by law ; and all general or special 
elections held pursuant to the Constitution of the State shall be regulated 
and eonducteci according to the rules, princij)les and provisions herein pre- 
scribed. 

Civ. '12, § 23] ; Civ. '02, § 205; G. S. 107; R. S. 162; 1896, XXII, 29, § 1. 

For violation of election law, see Criminal Code. 

School Commissioner is a State officer, and to be elected at general election. Pettigi-ew i-. 
Bell. 34 S. C. 104, 12 S. E. 1023. So is the Clerk of the Court of Common Pleas. William 
V. Ostendorff, MS. Dec, 1877; State f. Sims, 18 S. C. 463. 

Special elections. Wilson r. Cox, 73 S. C. 401, 53 S. E. 613. Court will not enjoin a 
special election when parties have adequate remedv bv contest before Board of Canvassers and no 
property rights are involved. Little r. Barksdale, 81 S. C. 392, 63 S. E. 308. 

(234) § 2. Commissioners and Managers of Elections — How Appointed 
— Oath. — For the purpose of carrying on such election, it shall be the 
duty of the Governor, and he is hereby authorized and empowered, at least 
thirty days prior to any such election, to appoint for each county three 
Commissioners of Election for Governor, Lieutenant Governor, State officer, 
Circuit Solicitors, members of the General Assembly and county officers, 
and three other Commissioners of Election for Presidential Electors, Sen- 
ators and members of Congress, or either of said officers, who shall continue 
in office until their successors are appointed and qualified. The Commis- 
sioners of Election for State and county officers shall appoint three Man- 
agers of Election for such officers ; and the Commissioners of Election for 
Senators and members of Congress and Presidential Electors, or either 
of said officers, shall appoint three other Managers of Election for said 
officers for each polling place at each election precinct of the county for 
which they shall respectively be appointed, and none of said officers shall 



112 CIVIL CODE OF SOUTH CAROLINA 

be removed from office except for incompetence or misconduct. The said 
Commissioners and Managers shall take and subscribe, before any officer 
authorized to administer oaths, the oath of office prescribed by Section 26 
of Article III of the Constitution, and the oath with respect to dueling, and 
the same shall be immediately filed in the office of the Clerk of the Court of 
Common Pleas of the county in which said Commissioners and Managers 
shall be appointed, of, if there be no such Clerk, in the office of the Secre- 
tary of State. 

Civ. '12, § 232; Civ. '02, § 206; G. S. 108; R. S. 163; XXII, 29, § 2. 

Commissioners for State and county elections proper officers to arrange for special elections 
under dispensary law. State v. Jennings, 79 S C. 246, 60 S. E. 699 

(235) § 3. Managers May Appoint a Clerk — Organization. — The Man- 
agers may api^oint a clerk to assist them in their duties, who shall take the 
oath of office prescribed by Section 26 of Article III of the Constitution, 
and the oath with regard to dueling, before the Chairmen of the Board of 
Managers. The Commissioners and Managers at their first meeting, respec- 
tively, shall proceed to organize as a Board by appointing one of their niim- 
ber Chairman of the Board; and such Chairman, in each instance, is 
empowered to administer oaths. 

Civ. '12, § 233; Civ. '02, § 207; XXII, 30, § 3. 

(236) § 4. Polls — When Opened. — The polls shall be opened, at such 
voting places as shall be designated, at 7 o'clock in the forenoon, and close 
at 4 o'clock in the afternoon of the day of election, except in the City of 
Charleston, where the closing hours shall me 6 o'clock, and shall be kept 
open during those hours without intermission or adjournment; and the 
Managers shall administer to each person offering to vote an oath that he is 
qualified to vote at this election, according to the Constitution of this State, 
and that he has not voted during this election. 

Civ. '12, § 234; Civ. '02, § 208; G. S. Ill; R. S. 166; XXII, 30, § 4. 



Managers in receiving votes act ministerially. State r. Bruce. 3 Br 
^w counties. Segars r. Parrott, 54 S. C. 1, 31 S. E. 677, 86.5. 


ev. 271. 


See elections for 


The provision as to administering the oath is directory merely, 
invassers, 86 S. C 4.51. 460, 63 S. E. 676. 


State r. 


. State Board of 



(237) § 5. State Constables to Preserve Order.— The Deputy State Con- 
stables and other peace officers of each county are required to be present 
during the whole time that the polls are open, and until the election is 
completed ; they shall prevent all interference with the Managers, act under 
their direction, and see that there is no interruption of good order. Said 
constable is empowered and directed to make such assignment of his dep- 
uties and other peace officers to such polling places as may, in his judg- 
ment, best subserve the purposes of quiet and order. And in case all of the 
Managers shall fail to attend at the time and place appointed for hold- 
ing such poll, or shall refuse or fail to act, or in case no Manager has been 
appointed for such poll, it shall be lawful for the voters present at the pre- 
cinct voting place on that day to appoint from among the qualified voters 
of such precinct the Managers to act as Managers in the place and stead of 
the absent Managers, and any one of the Managers so appointed shall 



CIVIL CODE OF SOUTH CAROLINA 113 

administer the oath to the other Managers : Provided, That in case the 
legally appointed Managers attend in a reasonable time, they shall take 
charge of and conduct the election. 
Civ. '12, § 235; Civ. '02, § 209; G. S. 113; R. S. 167; XXII, 30, § 5. 

(238) § 6. Description of Ballot, — That in all special questions the bal- 
lot shall state the question, or questions, and shall thereafter have the words 
''Yes" and "No" inserted so that the voter may indicate his vote by 
striking out one or the other of such words on said ballot, the word not so 
stricken out to be counted. 

Civ. '12, § 236; Civ. '02, § 210; G. S. 115; R. S. 169; XXII, 31; 1914, Ex. XXIX, 10. 

Directions as to form of ballot are mandatory. Ex parte Riggs, 52 S. C. 298, 29 S. E 645. 
Secrec.v of tlie ballot is essential State r. State Board of Canvassers, 78 S. C. 461, 59 
S. E. 145, 14 L. E. A., N. S., 850, 13 Am. & Eng. Ann. Cas. 1133 

Bawl et al v. McCown et al. State Board of Canvassers, 97 S. C. 1; 83 S. E. 958. 

(239) § 7. Officers to Be Voted For.— There shall be three separate and 
distinct ballots, as follows : One ballot for United States Senator, Represen- 
tatives in Congress and Presidential electors; and one ballot for Governor, 
Lieutenant C4overnor, State officers. Circuit Solicitors, members of the 
House of Representatives, State Senator, county officers and one ballot for 
all Constitutional amendments and special questions, each of three said 
boxes to be appropriately labeled; which ballots shall be of plain white 
paper and of such width and length as to contain the names of the officer 
or officers and question or questions to be voted for or upon, clear and even 
cut, without ornament, designation, mutilation, symbol or mark of any 
kind whatsoever, except the name or names of the person or persons voted 
for and the office to which such person or persons are intended to be chosen, 
and all special questions, which name or names, officer or oificers, question 
or questions shall be written or printed or partly written or partly printed 
thereon in black ink; and such ballot shall be so folded as to conceal the 
name or names, question or questions thereon, and so folded shall be 
deposited in a box to be constructed, kept and disposed of as herein pro- 
vided bj' law, and no ballot of any other description found in either of said 
boxes shall be counted: Provided, That at the general election of 1914 the 
votes for all State and county officers shall be cast in one box whether 
printed on one ballot or separate ballots; and all votes on Constitutional 
amendments and other questions shall be cast in one box whether printed 
on the same ballot or separate ballots. 

Civ. '12, § 237; Civ. '02, § 211; G. S. 116; R. S. 170; XXII, 31, § 7; 1914, Ex. XXIX, 10. 

(240) § 8. Boxes to Be Provided — Description and Labeling — Arrange- 
ment of PoUs. — The Commissioners of Election shall provide for each 
voting place a sufficient number of boxes to meet the requirements of the 
foregoing Section. In anj' case in which a voting precinct may form part 
of more than one Congressional District, if no other provision be made by 
law, the Commissioners of Election for the county in which .such precinct 
is situated shall provide therefor separate boxes for every Congressional 
District within which the said precinct may be, and each voter at such pre- 
cinct shall deposit his ballot for members of Congress in the box provided 
for the Congressional District within the limits of which he ma.v reside. 
An opening shall be made in the lid of each box not larger than sufficient 



114 CIVIL CODE OF SOUTH CAROLINA 

for a single ballot to be insei'ted therein at one time, through which each 
ballot received proper to be placed in such box shall be inserted by the 
person voting, and by no other. Each box shall be pro\'ided with a suffi- 
cient lock, and shall be publicly opened and inspected, to show that it is 
empt.y and secure, and locked just before the ojjening of the poll. The keys 
shall be returned to the Managers, and the box shall not be opened during 
the election. Each box shall be labeled in plain and distinct Eoraan letters, 
with the office or officers voted for, and the Managers, on the demand of the 
voter, shall be required to read to him the names on the boxes. At each 
precinct a space or enclosure, such as the Managers of Election shall deem 
fit and sufficient, shall be railed off or otherwise provided with an opening 
at one end or side for the entrance of the voter, and an opening at the other 
for his exit, as a voting place in which to hold the election for the State, 
Circuit, County and Federal offices. And the ballot box shall be so located 
as to be in view of persons outside of the polling place during the time of 
voting. A similar, but separate and distinct space or enclosure shall be 
railed off or otherwise provided, as a voting place for the election of Con- 
gressmen and Presidential Electors, at such distance from the polling place 
for State officers as the Commissioners of Election for each coimty shall 
determine and appoint for each election precinct. But one voter shall be 
allowed to enter any voting place at a time, and no one except the Man- 
agers shall be allowed to speak to the voter while in the voting place casting 
his vote. 

Civ. '12, § 238; Civ. '02, § 212; G. S. 117; R. S. ITl; XXII, 31, § 8. 

Provisions as to railing off places for voters to stand, permitting only one voter to stand therein 
at one time, permitting no one to speak to the elector while voting except managers, placing elec- 
tion box so that the public may see it, are directory and should be observed, but violation in 
absence of fraud or. unless it appears result was affected, not violation. State v. State Board 
of Canvassers, 86 S. C. 451, 460, 68 S. E. 676. 

(241) § 9. Managers to Require Evidence of Payment of Taxes. — The 

Managers of Election shall require of any elector offering to vote at any 
election, before allowing him to vote, in addition to the production of a 
registration certificate, proof of the payment of all taxes, including poll tax, 
assessed against him and collectible during the pre-^ious year. The pro- 
duction of a certificate or of the receipt of the officer authorized to collect 
such taxes shall be conclusive proof of the payment thereof. 
Civ. '12, § 239; Civ. '02, § 213; 1896, XXII, 32, § 9. 

Presentation of registration certificate and proof of payment of taxes is mandatory. Wright 
V. State Board of Canvassers, 76 S. C. 574, 591, 57 S. E. 536. 

(242) § 10. Duties of Clerk.— Each clerk of the poll shall keep a poll 
list, which shall contain one column headed "Names of Voters," and the 
name of each elector voting shall be entered by the clerk in such column. 

Civ. '12, § 240; Civ. '02, § 214; G. S. 118; R. S. 172; 1896, XXII, 33, § 10. 

(243) § 11. Counting of Ballots — Returns to Commissioners of Elec- 
tions. — At the close of the election the Managers and Clerk shall immedi- 
ately proceed publicly to open the ballot box and count the ballots therein, 
and continue such count, without adjournment or interruption, until the 
same is completed, and make such statement of the result thereof, and 
sign the same as the nature of the election shall require. No ballot shall be 
counted upon which there shall appear the name of an office or the name 



CIVIL CODE OF SOUTH CAROLINA 115 

of a person in connection with an office other than that for which the box 
in which such ballot is found shall be designated and labeled. If, in count- 
ing, two or more like ballots shall be found folded together compactly, only 
one shall be counted ; the other must be destroyed ; but if they bear differ- 
ent names, all must be destroyed and none counted. If more ballots .shall 
be found on opening the box than there are names on the poll list, all the 
ballots shall be returned to the box and thoroughly mixed together, and 
one of the Managers, or the Clerk, shall, without seeing the ballots, draw 
therefrom and immediately destroy as many ballots as there are in excess 
of the number of names on the poll list. Within three days thereafter the 
Chairman of the Board of Managers, or one of them, to be designated in 
writing by the Board, shall deliver to the Commissioners of Election the 
poll list, the boxes containing the ballots and a written statement of the 
result of the election in his precinct. 

Civ. '12, § 241; Civ. '02, § 21.5; G. S. 119; R. S. 173; XXII, 33, § 11. 



ARTICLE II. 

Formation and Proceeding.^ of the Board of County Canvassers. 

(244) § 1. Commissioners to Meet at County Seat and Organize as 
Board of County Canvassers. — The Commissioners of Election for Gov- 
ernor, Lieutenant Governor, State officers, Circuit Solicitor, members of the 
General Assembly, and county officers, or either of said officers, shall meet 
in some convenient place at the county seat on the Tuesday next following 
the election, before 1 o'clock in the afternoon of that day, and shall proceed 
to organize as, and shall be, the County Board of Canvassers. They may 
appoint some competent jDerson as Secretary. The Chairman shall then 
proceed to administer the constitutional oath to each member of the Board, 
as Canvassers ; and shall administer the constitutional oath to the Secre- 
tary, and the Secretary shall administer to the Chairman the same oath that 
he shall have administered to the other members of the Board. The Com- 
missioners of Election for members of Congress and Presidential Electors, 
or either of said officers, shall likewise meet at the same time at its county 
seat, and shall in like manner proceed to organize as and shall be the County 
Board of Canvassers for the election of the Federal officers aforesaid. 

Civ. '12, § 242; Giv. '02, § 216; G. S. 220; R. S. 174; 18S2, XVII, 1119. 

Elections for new counties are governed by this article. State ex rel. Martin v. Moore, 54 
S. C. 556, 32 S. E 700. An election -will not be set aside because of illegal votes cast -wllicll 
do not affect the result or even render it doubtful. State ex rel. Birchmore v. Board of Canvassers, 
78 S. C. 461, 59 S. E. 145, 14 L. R. A., N. S, 850; State ex rel. Welch r. Board of Can- 
vassers, 79 S. C. 248, 60 S. E. 699; State ex rel Parker v. Jennings, 79 S. C. 414, 60 S. E. 967. 
Parrott, 54 S. C. 1, 31 S. E. 677. 



(245) § 2. Canvass of Votes — Protests — Statements and Returns.i — The 

said Board of County Canvassers, respectively, shall then proceed to canvass 
the votes of the county. "When townships, or parts of townships of any 
county may not be in the same Congressional District, the proper Board of 
County Canvassers of such county, in canvassing the votes for Representa- 
tives in Congress, shall report separately the result of the votes of such 
township, or parts of townships, for the Congressional District to which 
they respectively belong. The said Boards, respectively, shall have the 



116 CIVIL CODE OF SOUTH CAROLINA 

power, and it is hereby made their duty as judicial officers to decide all 
cases under protest or contest that may arise, subject to appeal to the 
Board of State Canvassers. They shall make such statements of the votes 
of the county as the nature of the election shall require, within ten days 
from their first meeting as a Board of County Canvassers, and shall trans- 
mit to the Board of State Canvassers any protest and all papers relating 
to the election. 

Civ. '12, § 243; Civ. '02, § 2]T; G. S. 121; R. S. 175; 1882, XVII, 1119, 1170, 1172, § 3. 

Segars v Parrott, 54 S. C. 1, 31 S. E. 677. 

Duty of county canvassers. State v. Chairman County Canvassers, 4 S. C. 485. 

Majority, a quorum sufficient. State v. DeLeisselne, McC. 52 

But single member cannot act as Board. State v. Nerland, 7 S. C. 241. 

Board may receive secondary evidence of ballots and returns lost or destroyed. lb. 

They act judicially, and dicision conclusive until reversed. State v. Bruce, 3 ISrev. 264; State 
V. DeLeisselne, supra; State v. Cockrell, 2 Rich. 6; State v. Walker, 5 S. 0. 265. 

An appeal lies from the Countv Board of Canvassers to State Board. State ex rel Martin 
V. Moore, 54 S. C. 556, 32 S. E. 700 

(246) § 3. Duplicate Statements to Be Made and Filed with Clerk of 
County. — Duplicate statements shall be made and filed in the office of the 
Clerk of the county ; and, if there be no such Clerk, duly qualified according 
to law, then in the office of the Secretary of State. 

Civ. '12, § 244; Civ. '02, § 218; G. S. 122; R. S. 176; 1882, XVII, 1119, 1170, 1172, § 3. 

(247) § 4. Separate Statements of Votes Given for Each Candidate. — 

Thej- shall make separate statements of the whole number of votes given in 
such county for Representatives in Congress; and separate statements of 
all other votes given for other officers. Such statements shall contain the 
names of the persons for whom such votes were given, and the number of 
votes given for each, which shall be written out in words at full length. 
Civ. '12, § 245; Civ. '02, § 219; G. S. 123; R. S. 177; 1882, XVII, 1119, 1170, 1172, § 3. 

(248) § 5. Three Other Separate Statements to Be Prepared.>— There 

shall be prepared by the Commissioners three separate lists of each state- 
ment, besides the lists to be filed in the office of the County Clerk, or Seere- 
tarj^ of State, and each list shall be certified to as correct by the signatures 
of the Commissioners, subscribed to such certificate. 

Civ. '12, § 246; Civ. '02, § 220; G. S. 124; R. S. 178; 1882, XVII, 1119, 1170, 1172, g 3. 

(249). § 6. Returns to Be Forwarded to Governor and Secretary of 
State. — After the final adjournment of the Board of County Canvassers, 
and within the time prescribed in this Chapter, the Chairman of said 
Board shall forward, addressed to the Governor and Secretary of State, 
one copy by mail and one copy by express, the returns, poll list and all 
papers appertaining to the election. 

Civ. '12, § 247; Civ. '02, § 221; G. S. 125; R. S. 179; 1882, XVII, 1119, 1170, 1172, § 3; 
1905, XXIV, 960. 

(250) § 7. Pay of Election OflRcers — Other Expenses of Elections.—- ( 

Each Commissioner and Manager of Election shall receive for his compen- 
sation one dollar per day for his services while actually employed, and five 
cents per mile for necessary travel ; each Clerk of the Commissioners, and 
of the Managers, respectively, shall receive one dollar per day while actually 
employed ; but no Commissioner, Manager or Clerk shall receive pay for 
more than three davs. 



CIVIL CODE OF SOUTH CAROLINA 117 

The Messengers designated by any of the- Boards of Commissioners, under 
existing laws, to carry the ballots and reports of the Commissioners of 
Election from the several counties to the City of Columbia, or elsewhere, 
according to law, shall each receive five dollars and mileage at the rate of 
five cents for every mile traveled on the most direct I'oute. 

Notices of election published in any public gazette or county newspaper 
by authority of the proper Board of Election Commissioners, as required 
by law, shall be paid for at the rates prescribed by law for legal notices. 

To defray the expenses designated herein, the Comptroller General shall 
draw his warrant on the State Treasurer in favor of such Commissioners 
of Election, Manager of Election, Clerk of Commissioners or Managers, 
Messenger and proprietor or printer of said gazette, for the amount of 
compensation to which he may be entitled ; the same to be paid by the 
Treasurer out of any balance that may be in the Treasury. 

The County Commissioners of the several counties shall audit and pay all 
accounts for necessary expenses incurred by the Commissioners and Man- 
agers of Election for stationery, the making of election boxes, rents and 
similar expenses in elections held in this State. 

Civ. '12, § 248; Civ. '02, § 222; G. S. 126, 152; R. S. 180; 1882, XVII, 1100; XVIII, 
260. 



ARTICLE III. 

Formation and Proceedings of the Board of State Canvassers. 

(251) § 1. Meeting of State Canvassers. — The Secretary of State shall 
appoint a meeting of the Board of State Canvassers, to be held at his office, 
or some convenient place, within ten days next after such general election, 
for the purpose of canvassing the votes for all offices voted for at such 
election. 

Civ. '12, § 249; Civ. '02, § 223; G. S. 127; R. S. 181; 1882, XVII, 1120, § 40. 

(252) § 2. Who Constitute the Board — Quorum. — The Secretary of 
State, Comptroller General, Attorney General, State Treasurer, Ad.jutant 
General and the Chairman of the Committee on Privileges and Elections of 
the House of Representatives, shall constitute the Board of State Canvass- 
ers — four of whom shall be a quorum. 

Civ. '12, § 2.50; Civ. '02, § 224; G. S. 128; R. S. 182; 1882, XVII, 1120, § 41. 

(253) § 3. When No Quorum, President of Senate Attends and Acts. — 

If a majoritj' of these officers shall be unable or shall fail to attend, the 
President of the Senate, on being notified by the Secretary of State, shall 
attend, without delay, and with the officers attending shall form a Board. 

Civ. '12, § 251; Civ. '02, § 2'25; G. S. 129; R. S. 183; 1882, XVII, 1120, § 42. 

(254) § 4. Board to Make Statement of Votes Cast for Each Candidate 
and Certify Same.— The Board when thus formed shall, upon the certified 
copies of the statements made by the Boards of County Canvassers, proceed 
to make a statement of the whole number of votes given at such election for 



118 CIVIL CODE OF SOUTH CAROLINA 

the various officers, and for each of them voted for, distinguishing the sev- 
eral counties in which they were given. They shall certify such statements 
to be correct, and subscribe the same with their proper names. 

Civ. '12, § 252; Civ. '02, § 226; G. S. 130; R. S. 184; 1884, XVII, 1120, § 43. 

(255) § 5. Certificate of Determination Delivered to Secretary of State. 

— Thej^ shall make and subscribe, on the proper statement, a certificate of 
their determination, and shall deliver the same to the Secretary of State. 

Civ. '12, § 233; Civ. '02, § 227; G. S. 113; R. S. 185; 1882, XVII, 1120, § 44. 

Referred to State r. Nerland, 7 S. C. 241 Such certificate void when based upon copies of 
statements o( County Board o( Canvassers, certified bv one of the Board. State v Nerland, 7 
S. C. 241. 

(256) § 6. Board Declares What Persons Elected, and Decides Con- 
tested Cases on Appeal. — Upon such statements they shall then proceed 
to determine and declare what persons have been, by the greatest number of 
votes, duly elected to such offices, or either of them. They shall have 
power, and it is made their duty as judicial officers, to decide all cases 
under protest or contest that may come before them on appeal from the 
decisions of the County Board of Canvassers. 

Civ. '12, § 254; Civ. '02, § 228; G. S. 132; R. S. 186; 1882, XVII, 1120, 1172, § 3. 

Board not an inferior Court; a special tribunal to decide elections. Whipper v. Talbird, 32 
S. C. 1, 10 S. E. 578. No appe.al from Ek parte Mackev, 15 S C. 322; E.x parte Whipper, 
32 S. C. 5, 10 S. E. 579; Pettigrew v. Bell, 34 S. C. 104; State ex rel. Welch t'. Board ol 
Canvassers, 79 S. C. 246, 248, 60 S E. 699. Duties of State v. Havne, 8 S. C. 367; Ex 
parte Mackey, 15 S. C. 335; Ex parte Elliott, 33 S. C. 602, 12 S. E. 423. Title to office 
does not depend upon their decision when not contested. Ex parte Smith, 18 S. C. 516. When 
they decline to act or are equally divided on appeal, decision of County Board stands State v- 
Walker, 5 S. C. 263; Ex parte Elliott supra. But in election of Senator their determination is 
snb,iect to final decision of Senate. Ex parte Scarborough, 34 S. C. 13, 12 S. E. 666. Minute 
irregularity does not invalidate election. State v. Harman, Chev. 267; Wright i^. Board of 
Canvassers, 76 S. C. 574, 57 S. E. 536; State ex rel Birchmore v. Bo.ard of Canvassers, 78 
S. C. 461, 59 S. E. 145, 13 Am. & Eng. Ann. Cas. 1133, 14 L. R. A., N. S , 850 n. Power 
of Courts in elections. St.ate r. AIderm.-in, 1 S. C. 30. Alexander v. McKenzie, 2 S. C. 81: Ex^ 
parte Carson, 5 S. C. 117. Will not grant mandamus to alter decision. State v. Bruce, 3 Brev. 
264; Grier v. Shackleford, 3 Brev. 491;' State v. Sims, 18 S. C. 461; Ex parte Scarborough, 
34 S. C 13, 12 S. E. 666. But will enforce ministerial duty of mand.amus where no appeal 
lies. E.x parte Mackey, 15 S. C. 335. Mandamus to compel member of Board to act. State 
V. Jones, 83 S. C. 432, 65 S. E. 444. The action of the State Bo,"ird of Canvassers can only 
be reviewed by the Courts under certiorari. Ex parte Riggs, 52 S. C. 298, 29 S. E 645; 
Segars v. Parrott, 54 S. C. 1, 31 S E. 673. 683. The action of the County Board of Canvassers 
may be reviewed on appeal to the State Board, and the Court will not issue a writ of cer- 
tiorari to review their action. State ex rel. Martin v. Moore. 54 S. C. 556, 32 S B. 700. 

(257) § 7. May Adjourn from Day to Day for Fifteen Days.— The Board 
shall have power to adjourn from day to day for a term not exceeding 
fifteen days. 

Civ. '12, § 255; Civ. '02, § 22,9; G. S. 133; R. S. 187; 1882, XVII, 1172, § 4. 

See State v. State Board of Canvassers, 86 S. C. 451, 454; 68 S. E. 676. 

(258) § 8. How Election of Governor May Be Contested. — In case of a 
contest of the election of Go^'eruor, if the General Assembly, by Concurrent 
Resolution, shall entertain the same, the Senate and House of Representa- 
tives shall, each separatelj^, proceed to hear and determine the facts in the 
case, so far as they deem necessary, and decide thereon who is entitled to be 
declared elected. If the two branches of the General Assembly come to the 
same decision, they shall, by Concurrent Resolution, declare who is duly 
elected and entitled to enter upon and exercise the office of Governor ; and 
such person thereupon shall, upon taking the oaths prescribed in the Con- 
stitution and the oath with respect to dueling, be inducted into office. If 
the two branches of the General Assembly do not come to the same decision, 



CIVIL CODE OF SOUTH CAROLINA 119 

then an election shall be called by the Governor, to take place in not less 
than sixty nor more than ninety, days, at which the qualified electors shall 
proceed to vote for a suitable person to fill the office of Governor. 

Civ. '12, § 256; Const, Art. 4, § 4; Civ. '02, § 230; G. S. 134; R. S. 188; 1882, XVII, 
1121, § 4T. 

(259) § 9. Secretary of State to Record Result of Canvass. — The Sec- 
tary of State shall record in his office, in a book to be kept by him for that 
purpose, each certified statement and determination which shall be deliv- 
ered to him by the Board of State Canvassers, and every dissent or protest 
that shall have been delivered to him bj'' a canvasser. 

Civ. '12, § 257; Civ. '02, § 231; G. S. 135; R. S. 189; 1882, XVII, 1121, § 48. 

(260) § 10. To Furnish Copy of Each Determination to Person Declared 
Elected and to Governor. — He shall, without delay, transmit a copy, under 
the seal of his office, of such certified determination to each person thereby 
declared to be elected, and a like copy to the Governor. 

Civ. '12, § 258; Civ. '02, § 232; G. S. 136; R. S. 190; 1882, XVII, 1121, § 49. 

This certificate not the only evidence of election to House of Representatives. If refused, a 
right to seat may he shown otherwise State v. Haj-ne, 8 S. C. 367_ 

(261) §. To Print Statements in Public Newspapers. — He shall cause 
a copy of such certified statements and determinations to be printed in one 
or more public newspapers of this State. 

Civ. '12, § 259; Civ. '02, § 233; G. S. 137; R. S. 191; 1882, XVII, 1121, § .50. 

(262) § 12. To Send Certificates of Election to Members of Congress to 
House of Representatives. — He shall prepare a general certificate, under 
the seal of the State, and attested by him as Secretary thereof, addressed to 
the House of Representatives of the United States in that Congress for which 
any person shall have been chosen, of the due election of such person as 
Representative of this State in Congress, and shall transmit the same to the 
said House of Representatives at their first meeting. 

Civ. '12, § 260; Civ. '02, § 284; G. S. 138; R. S. 192; 1882, XVII, 1121, § 51. 

(263) § 13. To Keep Record of County Officers Elected.— The Secretary 
of State shall enter in a book to be kept in his office the names of the respec- 
tive county officers elected in this State, specif jfing the counties for which 
they were severally elected, and their place of residence, the office for which 
they were respectively elected, and their term of office. 

Civ. '12, § 261; Civ. '02, § 235; G. S. 139; R. S. 193; 1882, XVII, 1121, § 62. 



CHAPTER XI. 



The Election of Senators and Representatives in Congress and Electors of 
President and Vice President. 

Article 1. Election of Senators and Representatives in Congress, 120. 
Article 2. Election of Electors of President and Vice President, and For- 
mation and Proceedings of the Electoral College, 121. 



120 CIVIL CODE OF SOUTH CAROLINA 

ARTICLE I. 

Election of Representatives in Congress. 

(264) § 1. Provisions for Election of United States Senators. — That from 
and after March 4, 1914, a United States Senator .shall be elected at the 
general election next preceding the expiration of the term of anj' United 
States Senator from this State, and at such election the ballot for the United 
States Senator shall be on the ballot for Congressmen, both being printed 
on the same ballot with proper designation, and both being voted for in the 
same box, which shall be labeled "For United States Senator and Con- 
gressmen." The ballots shall be counted, the returns canvassed and the 
result declared by the same officers and in the same manner as is done in the 
case of Congressmen: Provided, That in case of a vacancy from death, 
resignation or otherwise, the Governor shall have power to fill the place by 
appointment, but not for longer than six (6) months from the occurrence 
of such vacancy, and he shall order a special election to be held within 
ninety days at which a Senator shall be elected to fill out the unexpired 
term, the election to be conducted and the result declared in the same man- 
ner and by the same officers as now provided by law for the election of 
Congressmen. 

1914, XXIX, 592. 

(265) § 2. Representatives — How and When Chosen, — Representatives 
in the House of Representatives of the Congress of the United States .shall 
be chosen at each general election in the several Congressional Districts by 
the qualified voters thereof. 

Civ. '12, § 262; Civ. '02, § 236; G. S. 112; R. S. 194; 1882, XVII, 1117, § 25. 

(266) § 3. Congressional Districts. — The State is divided into seven 
Congressional Districts, as follows : 

The First Congressional District shall be composed of the Counties of 
Charleston, Berkeley, Colleton, Dorchester, and Clarendon. 

The Second Congressional District shall be composed of the Counties of 
Aiken, Bamberg, Barnwell, Beaufort, Edgefield, Saluda, Hampton, Jasper, 
and Allendale. - 

The Third Congressional District shall be composed of the Counties of 
Pickens, Oconee, Anderson, Abbeville, Greenwood, Newberry, and McCor- 
mick. 

The Fourth Congressional District shall be composed of the Counties of 
Laurens, Spartanburg, Greenville, and Union. 

The Fifth Congressional District shall be composed of the Counties of 
Cherokee, Chester, York, Fairfield, Kershaw, Chesterfield, and Lancaster. 

The Sixth Congressional District shall be composed of the Counties of 
Marlboro, Mai-ion, Horry, Darlington, Florence, Williamsburg, Georgetown, 
and Dillon. 

The Seventh Congressional District shall be composed of the Counties of 
Richland, Sumter, Orangeburg, Lexington, Lee, and Calhoun. 

Civ. '12, § 263; Civ. '02, § 237; G. S. 141; R. S. 195; 1882, XVII, 1169; 1893, XXI, 413; 
1902, XXIII, 977; 1197; 1908, XXV, 1283; 1910, XXVI, 867; 1912, XXVII, 827; 1916, 
XXIX, 717; 1919, XXXI, 5. 



CIVIL CODE OF SOUTH CAROLINA 121 

(267) § 4. Each District to Elect One Member of Congress. — Uutil the 
next apportionment be made by the Congress of the United States, each of 
the said Congressional Districts shall be entitled to elect one member to 
represent this State in the Congress of the United States. After such new- 
apportionment by Congress, the General Assembly shall divide the State 
into as many Congressional Districts as the State is entitled to members in 
•the House of Representatives. 

Civ. '12, § 264; Civ. '02, § 238; G. S. 142; R. S. 196; amd. by 1882, XVII, 1122, 5 5. 

(268) § 5. Writs of Election in Case State is Given More Representa- 
tives. — In case the Congress of the United States shall by anj' new 
apportionment give to this State more than seven members of the House of 
Representatives, and the General Assembly shall not be in session, the Gov- 
ernor shall, by proclamation, issue writs of election for Congressmen at 
Large, one or more, as the case may be. 

Civ. '12, § 264; Civ. '02, § 238; G. S. 142; R. S. 196; amd. by 1882, XVII, 1122, § 5. 



ARTICLE II. 

Election of Electors of President and Vice President, and Formation and 
Proceedings of the Electoral College. 

(269) § 1. Electors of President and Vice President— How Chosen. — 

When an election for President and Vice President of the United States 
occurs there shall be elected, by general ticket, as many Electors of Presi- 
dent and Vice President as this State shall be entitled to appoint : and each 
elector in this State shall have a right to vote for the whole number of such 
Electors ; and the several persons, to the number required to be chosen, have 
the highest number of votes shall be declared and deemed duly appointed 
Electors. 

Civ. '12, § 266; Civ. '02, § 239; G. S. 143; R. S. 197; 1882, XVII, 1122, § 56. 

Electors derive aiitliority from Constitution iind laws of the United Stntes: their title cannot 
he determined by quo warranto in name of State. State v. Bowen, 8 S. C. 400. 

(270) § 2. Certified Copies of Statement of Votes to Be Made, Etc. — 

The Commissioners of Election of each county shall make four certified 
copies of the statement of A'otes given for Electors in their count}': one of 
which copies shall be filed in the office of the Clerk of the county, if there be 
such Clerk duly qualified by law; another of such copies they shall forth- 
with transmit to the Governor; another to the Secretary of State; and 
deliver the other as hereinafter directed. 

Civ. '12, § 267; Civ. '02, § 240; G. S. 144; R. S. 198; XVII, 1123, § 57. 

(271) § 3. How Returns Shall Be Forwarded.— After the final adjourn- 
ment of the Commissioners of Election of each county, and within the time 
prescribed in this Chapter, the Chairman of said Board shall forward, 
addressed to the Governor and Secretary of State, one copy by mail and one 
copy by express, the returns, poll lists and all papers appertaining to the 
election. 

Civ. '12, § 268; Civ. '02, § 241; G. S. 145; R. S. 199; XVII, 1123, § 58; 1910, XXVI, 
680. 



122 CIVIL CODE OP SOUTH CAROLINA 

(272) § 4. Meeting of Board of State Canvassers. — The Board of State 
Canvassers shall meet at the office of the Secretary of State within ten days 
next after such election, to canvass the votes given for the Electors of Presi- 
dent and Vice President; and in case all the certified statements shall not 
have been received on that day, the Board may adjourn from day to day 
until the same shall have been received, not exceeding five days ; and if at 
the expiration of four days certified copies of the statements of the County. 
Canvassers shall not have been received from any county, the Board shall 
proceed to canvass upon such of the said statements as shall have been 
received. 

Civ. '12, § 269; Civ. '02, § 242; G. S. 146; R. S. 200; XVII, 1123, § 59. 

(273) § 5. Statement and Determination of Board. — The Board shall 
proceed, in making a statement of all the votes, and determining and certi- 
fying the persons elected, in the manner prescribed by law in relation to 
the election of other officers. 

Civ. '12, § 270; Civ. '02, § 243; G. S. 147; R. S. 201; XVII, 1123, § 60. 

(274) § 6. Certificates by Secretary of State — Messenger. — The Secre- 
tary of State shall, without delay, cause a copy, under the seal of his office, 
of the certified determination of the Board to be delivered to each of the 
persons therein declared to be elected ; and for that purpose he may employ 
such and so many messengers as he shall deem necessary. The messengers 
so employed shall receive for their compensation twelve cents per mile for 
traveling, to be audited by the Comptroller General upon the certificate of 
the Secretary of State. 

Civ. '12, § 271; Civ. '02, § 244; G. S. 148; R. S. 202; XVII, 1123, § 61. 

(275) § 7. Determination and Certificate of Board to Be Published. — 

The determination and certificate of the Board in relation to the choice of 
the Electors shall be published in the same manner as provided in relation 
to the certificates of the election of other officers. 

Civ. '12, § 272; Civ. '02, § 245; G. S. 149; R. S. 203; XVII, 1123, § 62. 

(276) § 8. Meeting of the Electors — Preliminary Organization. — The 

Electors of President and Vice President shall convene at the capital, in 
some convenient place, on the second Monday in January next after their 
election ; and those of them who shall be assembled at 11 o 'clock in the fore- 
noon of that day shall, immediately after that hour, proceed to preliminary 
organization and make such preliminary arrangements as may be necessary 
for permanent organization and the casting of the electoral vote of the 
State. 

Civ. '12, § 273; Civ. '02, § 246; G. S. 153; R. S. 204; 1882, XVII, 1124, § 66; 1885, XIX. 
25, § 1; 1889, XX, 365. 

(277) § 9. Duties of Secretary of State. — The Secretary of State shall 
prepare three lists of the names of the Electors, procure to the same the 
signature of the Governor, affix thereto the seal of the State, and deliver 
them, thus signed and sealed, to the President of the College of Electors on 
the second Monday in January. 

Civ. '12, § 274; Civ. '02, § 247; G. S. 154; R. S. 205; 1882, XVII, 1124, § 67; 1889, XX, 



CIVIL CODE OF SOUTH CAROLINA 123 

(278) § 10. Permanent Organization, Vote by BaUot, Etc. — Ou the said 
second Monday in January, at 12 o'clock M., the Electors shall meet at some 
convenient place at the capital and effect a permanent organization by the 
election of a President and Secretary from their own body, proceed to fill 
by ballot and by plurality of votes all vacancies in the Electoral College 
occasioned by the death, refusal to serve, or neglect to attend at that hour, 
of any Elector, or occasioned by an equal number of votes having been 
given for two or more candidates for Presidential Electors, and then and 
there vote by ballot for President and Vice President, one of whom at least 
shall not be an inhabitant of the same State with themselves. They shall 
name in their ballots the persons voted for as President, and, in distinct 
ballots, the persons voted for as Vice President. 

Civ. '12, § 275; Civ. '02, § 248; G. S. 155; R. S. 206; XVII, 1124, § 68; XX, 365. 

(279) § 11. Certified Lists of Candidates Voted for and the Vote for 
Each. They shall make distinct lists of all persons voted for as President, 
and-of all persons voted for as Alee President, and of the number of votes 
for each, which lists thej^ shall sign and certif j' ; and, after annexing thereto 
one of the lists received from the Secretary of State, they shall seal up the 
same, certifying thereon that lists of the votes of this State for President 
and Vice President are contained therein. 

Civ. '12, § 276; Civ. '02, § 249; G. S. 156; R. S. 207; 1882, XVII, 1124, § 69. 

(280) § 12. To Appoint Messenger to Deliver Lists^When and to 
Whom. — The Electors shall then, l)y writing, under their hands, or under 
the hands of a majority of them, appoint a person to take charge of tlie lists 
so sealed up, who shall deliver the same to the President of the Senate of 
the Congress of the United States, at the seat of governmnt, before the 
second "Wednesday in February then next ensuing. 

In case there shall be no President of the Senate at the seat of govern- 
ment on the arrival of the person entrusted ^vith the lists of the votes of the 
Electors, then such person is required to deliver the lists of the votes in his 
custody into the office of the Secretary of State of the United States. 

Civ. '12, § 277; Civ. "02, § 250; G. S. 157; R. S. 208; 1882, XVII, 1125; XX, 365. 

(281) § 13. Duplicate Lists — To Whom Forwarded and Delivered. — The 

Electors are also required to forward forthwith, by the postoffice, to the 
President of the Senate of the United States, at the seat of government, and 
to deliver forthwith to the Judge of the United States for the District of 
South Carolina, and to the Secretary of State, to be filed in his office, similar 
lists signed, annexed, sealed up, and certified in the manner aforesaid. 

Civ. '12, § 278; Civ. '02, § 251; G. S. 158; R. S. 209; 1882, XVII, 1125, § 70; 1885, 
XIX, 27. 

(282) § 14. Com.pensation of Electors; — Every Elector for this State for 
the election of a President and Vice President of the United States who 
shall attend at any election of those officers, and give his vote at the time 
and place appointed by law, shall be entitled to receive for his attendance 
at such election and for traveling to and from his place of residence by the 



124 CIVIL CODE OP SOUTH CAROLINA 

most usual route, the sum of five dollars per day aud actual traveling- 
expenses, to -be paid by the State Treasurer upon the warrant of the Comp- 
troller General. 

Civ. '12, § 279; Civ. '02, § 252; G. S. 159; R. S. 210; 1882, XVII, 1125, § 73; 1915, 
XXIX, 178. • 



CHAPTER XII. 
Election of County Officers. 

(283) § 1. General Election for County Officers— When Held,'— There 

shall be a general election for the following county officers, to wit : County 
Supervisors and County Superintendents of Education held in each county 
at everj' general election for members of the House of Representatives, 
except in those counties in which the term of office of the County Superin- 
tendent of Education and County Supervisor is four years ; aud for the 
election of Sheriff, Coroner and Clerk of the Court of Common Pleas, at 
every alternate general election, reckoning from the year one thousand 
eight hundred and eighty-eight, except as to the Counties of Berkeley and 
Cherokee, and except for Sheriff and Coroner in Hampton County. 

The Probate Judge in every county, and the Clerk of Court in Berkeley 
and Cherokee Counties, and the Sheriff and Coroner in Berkeley, Cherokee 
and Hampton Counties, shall be elected at every alternate general election, 
reckoning from the year one thousand eight hundred and ninety. 

Civ. '12, § 280; Civ. '02, § 253; G. S. 160; R. S. 211; 1882, XVII, 1125, § 74; Gen. St. §§ 

642, 701; 1885, XIX, 144; amd. 1889, XX, 281. 

Clerk is a State officer within the meaning of Constitution. Art. XIV, Sec. 10 ; and his term is 
limited to ne.xt general election. Williams v. Ostendorf, MS. Dec. 1877; State v. Sims, 18 
S C 463. So is School Commissioner (now County Superintendent of Education), and his 
term is so limited. Pettigrew v. Bell, 34 S. C 104, 12 S. E. 1023. 

(284) § 2. Vacancy in County Offices — How Filled. — In the event of a 
vacancy at any time in any of the offices of any county of the State, whether 
from death, resignation, disqualification, refusal or neglect to qualify of the 
person elected or appointed thereto, expiration of the term of office, removal 
from the county or from any other cause, the Governor shall have full power 
to appoint some suitable person, who shall be an elector of the county, and, 
upon duly qualifying according to law, shall be entitled to enter upon and 
hold the office to which he has been appointed if it be an elective office, 
until the next general election, when an election shall be held to fill the 
unexpired term, and the officer so appointed or elected shall hold said office 
for the term of said election or appointment, and until his successor shall 
qualify; and if it be an office which was filled originally by appointment, 
until the adjournment of the General Assembly at the regular session next 
after such appointment ; and shall be subject to all the duties and liabilities 
incident to said office during the term of his service therein. 

Civ. '12, § 281; Civ. '02, § 254; G. S. 161; R. S. 212; 1882, XVIII, 375; amd. 1899, 

XXIII, 84. 

Legislature may provide to iill vacancy in Clerk's office by election. Reister v. Hemphill, 
2 S. C. 325. The Governor cannot so flU a vacancy in the offce of Judge of Probate, where 
the unexpired term exceeds one year. Whitmire v. Langston, 11 S. C. 181. 



CIVIL CODE OF SOUTH CAEOLINA 125 

CHAPTER XIII. 

Primary Elections. 

Article I. Regulations for the Conduct of Primary Elections, 12.5. 
Article II. Eegulations as to Bo'otlis at Primary Elections, 134. 
Article III. Regulations for the Holding of Primary Elections and the 

Organizations of Clubs in Cities of Forty Thousand 

Inhabitants and Over, 137. 
Article IV. Special Provisions as to Primary Elections, 141. 

ARTICLE I. 

General Provisions as to the Conduct of Primary Elections. 

(285) § 1. P.egulation of Primary Elections, — Oath of Managers — Oaths 
to Be Filed. — Every political primary election held by any political party, 
organization, or association, for the purpose of choosing candidates for 
office, or the election of delegates to conventions, shall be presided over and 
conducted in the manner prescribed by the Constitution and Rules of the 
political party, organization or association holding such primary election 
by Managers selected in the manner prescribed by .such Constitution and 
Rules. Such Managers shall, before entering upon the discharge of their 
duties, each take and subscribe an oath that he will fairly, impartially and 
honestly conduct the same according to the pro^'isions of this Article and 
the Constitution and Rules of such party, organization or association. 
Should one or more of the Managers appointed to hold such election fail to 
appear on the day of election, the remaining Manager or ilanagers shall 
appoint others in their stead and administer to them the oath herein pre- 
scribed. The Managers shall take the oath herein prescribed before a 
Notary Public or other officer authorized to administer oaths ; but if no such 
officer can be conveniently had, the Managers may administer the oath to 

■ each other. Such oath shall, after being subscribed by the Managers, be 
filed in the office of the Clerk of Court for the county in which such election 
shall be held, within five days after .such election. 

Civ. '12, § 282; Civ. '02, § 255; R. S. 213; XX, 10, § 1; 1905, XXIV, 831. 

Cetiorari to review action of Executive Committee in municipal elections. Holt v. Executive 
Committee, 79 S. C. 263, 60 S. E. 659. 

Certiorori to review action of Countv Executive Committee. iloore v. GriiHn, 81 S. C. 
393, 62 S. E. 545 

For violation of primarv laws, see Criminal Code. 

Filing statement of expenses. Moore v. Griffin, 81 S. C. 393, 62 S. E. 545. 

State ex rel. Hemingivay v. State Democratic Executive Committee, et al, 98 S. C. 321 ; 76 

Added bv Laws 3915, p. 163: Hvde et al r. Logan et al ; Bovkin et al v. Same, 113 S C. 
64; 101 S. B. 41. 

(286) § 2. Meaning of Words and Phrases. — The AYords and Phrases 
used in this Chapter, unless the same be plainly inconsistent with the con- 
text thereof, shall be construed as follows : 

(1) "County Committee" means the County Executive Committee. 

(2) "Countj' Chairman" means the Chairman of the County Executive 
Committee. 

(3) "State Committee" means the State Executive Committee. 



126 CIVIL CODE OF SOUTH CAROLINA 

(4) "State Chairman" means the Chairman of the State Executive 
Committee. 

(5) "Primary" means the primary election of the party. 

(6) "General election" means the general election, whether for United 
States or State or covuity offices. 

(7) "Club district" means the territory set apart for each club, whether 
it be a ward or township or a subdivision thereof. 

(8) "Inhabitants" means the number of inhabitants according to the 
Federal census last taken. 

1915, XXIX, 163. 

Hyde et al v. Logan et al, ll? S. C. 64, 101 S. E. 41. 

(287) § 3. Party Clubs — Organization — Officers — Committees — Special 
Meetings — Regular Meetings. — For the purpose of the primary elections 
held by any political party, organization or association for the purpose of 
choosing- candidates for oiiSce or the election of delegates to conventions, one 
or more clubs shall be organized in each township or ward, except as herein- 
after provided, each of which clubs shall have a distinct title. "The 

Club of party, ' ' and shall elect a President and one or more Vice Presi- 
dents, a Secretarj' and Treasurer, and may have the following working 
committees, of not less than three members each, viz. : A Committee on 
Registration, an Executive Committee, and such other committees, as to 
each club may seem expedient. 

In the absence of the Secretary, or in case of his inability to act, unless it 
is otherwise provided in these rules, he shall designate another member of 
the club to perform his duties, or the members of the club .shall elect a 
Secretary to take his place. 

The President, or five members, shall have power to call all special meet- 
ings of the club (except for reorganization, provided for in the succeeding 
Section), and at all special meetings one-tenth of the members shall be 
necessary to constitute a cporum for the transaction of business, of which 
meeting at least 48 hours' public notice shall be given. 

The clubs shall meet on the fourth Saturday in April of each election 
year for reorganization- : Provided, That the County Committee may name 
any other daj^ within the same week for such club meeting by giving at 
least two weeks' notice by advertisement in one or more county papers. 
In case any existing club shall fail to reorganize on the day fixed, the 
County Committee may fix a day for such club to meet for reorganization 
by giving two weeks' notice, as provided in this Section. 

1915, XXIX, 164. 

(288) § 4. Qualification for Voting — Exception as to Teachers, Minis- 
ters and Federal Employees. — The qualifications for membership of such 
party, organization or association in this State, and for voting at the pri- 
mary, shall be as follows, ^dz. : The applicant for membership, or voter, 
shall be 21 years of age, or shall become so before the succeeding general 
election. He shall be a citizen of the United States and of this State. No 
person shall belong to any club or vote in any primary unless he has resided 
in the State two years and in the county six months prior to the succeeding 
general election and in the club district 60 days prior to the first primary 



CmL CODE OP SOUTH CAROLINA 127 

following his offer to enroll : Provided, That public school teachers and 
ministers of the gospel in charge of a regular organized church and Fed- 
eral employees from this State shall be exempt from the provisions of this 
'Section as to residence, if otherwise qualified. 
1915, XXIX, 165. 

(289) § 5. In cities of over 10,000 inhabitants, one or more clubs shall 
be organized in each of the wards. Each ward shall be a club district unless 
subdivided by County Committee. And the County Committee of each 
county in which such city is located may permit voters residing in the 
county outside of such city to belong to a club located in such city, and to 
vote therein in the club nearest to their respective residences calculated by 
the most practicable and convenient route. In cities or towns of less than 
10,000 inhabitants the County Committee may authorize the consolidation 
of two or more wards to form a club district, and where townships are 
embraced in part in such cities or towns, the County Committee maj- permit 
the voters residing in such townships to belong to a club located in such 
town or city and to vote in such town or city in the club nearest to their 
respective residences, calculated by the nearest practicable route -. Provided, 
No person shall be enrolled or vote out of the county in which he resides. 
In cities or to^^^ls which are uot divided into wards the County Committee 
may designate the extent of the club district. Each territory desig- 
nated for a club shall be its club district. 

In all other cases the A^oter must enroll in the club nearest his place of 
residence, calculated by the nearest practicable route, regardless of town- . 
ship lines, and can only vote at the voting place of such club, and the ter- 
ritory included by this test shall be considered the club district of such 
club : Provided'; That the County Executive Committee may define the club 
district by metes and bounds, in which case the voters must vote at the 
club for said district. 

No person shall be enrolled to any club or take part in any club meeting 
or vote in any primary or be elected a delegate to the County Convention, 
except in the club district in which he resides. 

There shall be in no case more than one voting place for each club. No 
club shall have less than 25 members : Provided, lioivever, That any County 
Committee maj' permit the organization of a club of less than 2.5 members 
at inaccessible points where there are less than 25 voters. 

No person shall vote except at the voting place authorized by the County 
Committee for the club to which he belongs : Provided, That if he remove 
from a club district within 60 daj^s prior to the first primary he may vote 
(in the year which he removed) in the club district in which he previously 
resided: Provided, further, That he must have enrolled before the closing 
of the club list. 

Federal, State and countj^ officers temporarily residing at or near the 
capital or county seat may retain their membership and voting rights in 
their former home clubs if they so desire. 

In case of mobilization of the National Guard of this State, the State 
Committee shall provide for the enrollment and voting of all members of 
the National Guard qualified to vote under this Article. 

1915, XXIX, 165; 1918, XXX, 759. 



128 CIVIL CODE OF SOUTH CAROLINA 

(290) § 6. Enrollment Books— Notice of Opening— Mode of Enroll- 
ment — Committee — Closing Books — Purging EoUs — Filing, Etc. — Books of 
enrollment for voting in primary elections shall be opened by the Secretary 
of each club, or by the Enrollment Committee as hereinafter provided, on- 
er before the first Tuesdaj' in June, in each election year. Notice thereof 
shall be given by the County Chairman showing the names of the clubs, the 
boundaries of the club district, when the clubs are in cities or to^vns or 
adjacent thereto, or have been defined by the County Committee as herein 
provided, the names of the Secretaries, the names of tlie Enrollment Com- 
mittee, such other information as the County Chairman may desire to 
give, and where the books are to be opened. Thereafter no new clubs shall 
be organized in that election year. Each applicant for enrollment shall, 
in person, write upon the club roll his full name and immediateh' thereafter 
his age, occupation and postoffice address, and if in a city or town shall 
write the name of the street and number of the house in which he resides, 
if such designations exist in said city or town. If the name be illegible, the 
Secretary shall write the name beneath the signature of the applicant. In 
the event of the inability of the applicant to write he maj' make his mark 
upon the roll, which shall be witnessed by the Secretary, or other person 
then having the custody thereof, and the Secretary shall fill in the other 
requirements. The State Committee shall furnish suitable books for 
enrollment, and the duplicate rolls to be made and filed with the Clerk of 
Court, which shall be uniform throughout the State: Provided, That the 
County Committee shall, on or before the last Monday in May of each 
election year, appoint for each club an enrollment committee of three, 
which may consist of the Secretary and County Committeeman from the 
said club, and a third member to be designated by the County Committee, 
by whom said enrollment shall be conducted. The enrollment book shall 
be kept in the custody of the Secretary or at such place as shall be desig- 
nated by the Enrollment Committee. The club roll shall be open to inspec- 
tion by any member of the party. 

On the fourth Tuesday in July of each election year, which shall be the 
last day of enrollment, the club books shall close; and within three days 
thereafter each Secretary shall transmit, the original roll to the County 
Chairman, who shall forthwith cause to be made and .shall certify a copy 
thereof and file the same with the Clerk of the Court for public inspection 
at all times. At least ten daj's before the first primary, the County Com- 
mittee shall meet after three days' jjublished notice in a newspaper of gen- 
eral circulation in the county of time and place of meeting and examine 
the rolls. Any person may complain of errors therein and the County 
Committee, after hearing complaints, shall, in a fair and impartial mamier, 
correct and purge the rolls, striking off the names of all persons not resid- 
ing in the club district for which each roll was made up, or otherwise 
improperly enrolled, and adding any names improperly omitted : Provided, 
No name shall be stricken from any club roll without three days ' notice by 
mail to the address appearing on the club roll to the person whose name is 
proposed to be dropped from the roll to show cause why said name should 
not be dropped. 



CIVIL CODE OF SOUTH CAROLINA 129 

When said rolls have been re^dsed and corrected by the said County 
Committee, they shall be certified to and shall thereupon become the official 
club rolls, and no names shall be added thereafter, except by the order of a 
Judge of competent jurisdiction. 

Upon the completion of said revision, the County Chairman shall imme- 
diately file in the office of the Clerk of Court a list duly certified by liim 
of all names added or dropped from said roll, with age, iDlace of residence, 
and occupation, which list shall be preserved by the Clerk along with the 
duplicate roll on file in his office and any person may there inspect said 
roll and list of corrections at all times. 

The original roll shall be delivered to the Managers of the primary elec- 
tion by the County Committee before the day for the opening of the polls ; 
and no person shall be allowed to vote at said election whose name does not 
appear on said original roll as herein required. The Managers of Election 
shall return said rolls to the County Chairman immediately after the count- 
ing of the votes and the declaration of the result, or as soon thereafter as 
practicable: Provided, If the original roll be lost or miscarried a copy of 
the duplicate, as corrected by the County Committee and filed in the Clerk 's 
office, such copy to be certified to by him, shall be used in place of the 
original. 

1915, XXIX, 166. 

(291) § 7. County Convention — How Composed — Organization — 
Appeals. — Every general election year county conventions shall be called 
by the County Committee to meet on the first Monday in May at the county 
seat. The convention shall be composed of delegates elected from the 
clubs in the county, one delegate for every 25 members, and one delegate for 
a majority fraction thereof, based upon the number of votes polled in the 
first primary 5f the preceding election year. The lists of delegates certi- 
fied to by the President and Secretary of each club shall constitute the tem- 
porary roll of the convention. The number of delegates for new clubs shall 
be based upon their enrollment at the time of the club meeting. 

Each County Convention shall be called to order by the Coimty Chair- 
man and the convention shall proceed to elect a temporary President, a 
temporary Secretary and a Committee on Credentials for the purpose of 
organizing. When organized, it shall elect a permanent President, a Sec- 
retary and a Treasurer. It shall also elect the County Chairman and as 
many delegates to the State Convention as double the number of members 
the county in which the convention is held has in the General Assembly. 
The Secretary of the convention shall keep a record of the proceedings in 
the minute book. 

In the event that the County Committee has refused to permit the forma- 
tion of a new club in any ward or township, such refusal may be appealed 
from to the County Convention, which may permit the formation of the 
new club desired, but no such club shall be allowed any representation in 
the convention in that calendar year. 

1915, XXIX, 168. 

(292) § 8. State Committee— Vacancy— Officers — Meetings — Term of 
Office. — The State Committee shall be composed of one member from each 



130 CIVIL CODE OF SOUTH CAROLINA 

county, to be elected by the County Conventions and the State Chairman 
to be elected by the State Convention : Provided, That in ease the office of 
Chairman of the State Committee shall become vacant by death, resigna- 
tion or otherwise, the State Committee shall have power to fill the vacancy 
by electing a Chairman to serve until the organization of the next regular 
State Convention. The State Committee shall choose its other officers, not 
necessarily members thereof : Provided, That the Chairman shall vote only 
in case of a tie. The State Committee shall meet at the call of the Chair- 
man or any five members, and at such time and place as he or they may 
appoint. Vacancies on said State Committee by death, resignation or 
otherwise, shall be filled by the respective County Committees. The mem- 
bers of the State Committee shall continue in office for two years from the 
time of election or until their successors have been elected. The Committee 
shall nominate Presidential Electors, and if any vacancy occur in the State 
ticket of electors, or of the National Executive Committee, by death, resig- 
nation or other cause, the Committee shall have the power to fill the vacancy ; 
all by majority of the whole Committee. 
1915, XXIX, 169. 

• (293) § 9. State Convention — How Composed — Meetings — Organization 
— Vacancy. — The State Convention shall be called by the State Commit- 
tee to meet at Columbia every general election year on the third Wednesday 
in May. The convention shall be composed of delegates elected by the 
Count.y Conventions, each county to be entitled to as manj' delegates as 
double the number of its members in the General Assembly. When the 
State Convention assembles it shall be called to order by the Chairman of 
the State Committee. A temporary President shall be nominated and 
elected by the convention, and after its organization the convention shall 
proceed immediately to the election of permanent officers and to the trans- 
action of business. When the business has concluded it shall adjourn 
sine die. 

The officers of the State Convention shall be a President, Vice President 
from each Congressional District, two Secretaries and a Treasurer. 

Each county delegation to a State Convention shall have power to fill 
any vacancy therein. 

Any county failing cr refusing to organize under the provisions of these 
rules shall not have representation in the State Convention. 

1915, XXIX, 169. 

(294) § 10. County Committee — How Composed, — Officers — Vacancy — 
Meeting — Duties. — The clubs in each county shall be held together and 
operate under the control of a County Committee, which shall consist of one 
member from each club, to be elected by the respective clubs. The Com- 
mittee, when elected, shall appoint its own officers (except the Chairman, 
who shall be elected by the County Convention), who shall not necessarily 
be members of said Committee, but a vacancy in the membership of the 
Committee shall be filled by the club, through the loss of whose member by 
death, resignation or otherwise the vacancy occurs : Provided, That in case 
the office of Chairman of the County Committee shall become vacant by 
death, resignation or otherwise, the Committee shall have power to fill the 



CIVIL CODE OF SOUTH CAROLINA 131 

vacancy by electing a Chairman to serve until the organization of the next 
regular County Convention: And provided, further, That any officer so 
elected who is not a member of the Committee shall not be entitled to vote 
on any question except the Chairman, and then only in case of a tie vote. 
The tenure of office of the Committee shall be until the first Monday in May 
in each election year. 

The County Committee shall meet on or before the first Monday in 
August of each election year and designate a polling place for each club in 
its own club district and appoint the Managers for the primaries. Three 
Managers and a Clerk shall be appointed for each voting place and their 
names published in one or more county papers at least two weeks before the 
election. 

1915, XXIX, 170. 

(295) § 11. Election on Last Tuesday in August — Arrangements of Vot- 
ing Place — Opening and Closing Polls — Duty of Managers — Ballot Boxes 
— Oaths — Tickets — Ballots in Wrong Box — Excessive Ballots — Chal- 
lenges. — For the purpose of nominating candidates for Governor, Lieuten- 
ant Governor, and all other State officers, including Solicitors in the respec- 
tive Circuits, United States Senator and Congressmen in their respective 
districts, and all county officers, except Masters, Magistrates and Super- 
visors of Registration, a direct primary election shall be held on the last 
Tuesday in August of each election year, and a second and third primary 
each two weeks successively thereafter if necessary: Provided, That the 
County Committee of any county shall be at liberty to order a primary elec- 
tion for Masters and Magistrates, but not for members of the County Board 
of Control of the dispensaries, nor for county dispensers. 

The Managers at each voting place shall arrange the table, desk or other 
place upon which the ballot boxes shall be placed, so that there shall be no 
crowding or confusion immediatel.y around the boxes, and suitable means 
shall be provided to enable each voter to approach the boxes and deposit 
his ballot without interference or hindrance, and the right of each person 
regularly enrolled to vote and the secrecy of the ballot shall be preserved 
at all times. 

The Managers shall open the polls at 8 o 'clock a. m., and shall close them 
at 4 o'clock p. m. : Provided, That in the cities of Charleston and Colum- 
bia the polls shall open at 8 o'clock a. m., and close at 6 o'clock p. m. The 
Managers shall then proceed publicly to count the votes. After tabulating 
the result, the Managers shall certify the same and forward the ballot box, 
containing the ballots, poll list and all other papers, including the club roll, 
relating to such election, by one of their number to the Chairman of the 
County Committee within 36 hours after the close of the polls. 

Each County Committee shall furnish the Managers at each voting pre- 
cinct two ballot boxes, one for State officers and United States Senator and 
one for county officers. Congressmen and Solicitors. The Managers, before 
opening the polls, shall take and sign the following oath: ""We do sol- 
emnly swear that we will conduct this election according to law and the 
rules of the party, and will allow no person to vote whose name is not 
regularly enrolled in this club, and we will not assist any voter to prepare 



132 CIVIL CODE OF SOUTH CAROLINA 

his ballot and will not advise any voter as to how he should vote at this 
election. ' ' The Managers shall direct each voter, if requested, to the proper 
box for his ticket, but the boxes in all cases shall be marked in a suitable 
manner so as to designate in which box the respective tickets shall be 
placed. 

The Managers at each box at the primary shall require every voter to take 
xhe following oath and pledge, viz. : "I do solemnly swear that I am a resi- 
dent of this club district and am duly qualified to vote at this election , 

and that I have not voted before at this election." 

Each voter shall deposit in the appropriate box a ballot on which shall 
be printed the names of the candidates for the offices to be filled, with the 
titles of the respective offices. The tickets shall be furnished by the State 
Committee for all except county oificers, Congressmen and Solicitors, for 
which the County Committee shall furnish the tickets. Each ticket shall 
contain the names of all candidates for the respective offices and no other 
tickets shall be used. One ticket shall contain the names of all per.sons 
running for State offices and United States Senator. The other ticket shall 
contain the names of all persons running for members of the General 
Assembly, countj^ offices. Congressmen and Solicitors. No vote for the 
House of Representatives, nor for County Commissioners, shall be counted 
unless it contains as many names as the county is entitled to Representatives 
and to County Commissioners, respectively. 

Any ballot deposited in the wrong box shall not be counted. 

That in ease the Managers find more ballots iu the ballot box than names 
on the poll list, the Managers shall draw out the excess ballots and destroy 
them. 

At any election when the right of a person to vote is challenged, the 
Managers shall place the vote so challenged in an envelope and indorse 
thereon the name of the voter and that of the challenger, and the person so 
challenged shall be allowed to vote, and the challenged "^'otes shall be kept 
separate and apart and not counted, but turned over to the County Com- 
mittee, who shall at its first meeting thereafter hear all objections to such 
votes, and where no person appears to sustain an objection made at the 
polls the ballot shall be removed from the envelope and mingled with the 
regular ballot and counted, but where the challengers appear, or produce 
witnesses in support of the challenge, the Committee shall proceed to hear 
and determine the question, and in all instances the voter shall have the 
right of appealing to the State Committee. 

1915, XXIX, 170. 

(296) § 12. Tabulation of Returns — Result of Primary — State Com 
mittee Protests and Contests — Appeals — Majority Vote. — Tlie County 
Committees shall assemble at their respective court houses on the morn- 
ing of the second day after the election on or before 12 o'clock noon to 
tabulate the returns and declare the results of the primary, so far as the 
same relates to members of the General Assembly and county officers, and 
shall forward immediately to the Chairman of the State Committee at 
Columbia, S. C, the result of the election in their respective counties for 



CIVIL CODE OF SOUTH CAROLINA 133 

United States Senator, State officers, Congressmen and Solicitors. The 
State Committee shall proceed to canvass the vote and declare the result. 

The protests and contests for county officers and members of the General 
Assembly shall be filed within two days after the day of the declaration by 
the County Committee of the result of the election with the Chairman of the 
County Committee, and said County Committee shall hear and determine 
the same at its first meeting thereafter, which shall be held within five days 
after said protest or contest is filed. The State Committee shall meet on 
the Tuesday after each primary or at such other time as may be designated 
by the Chairman, to hear and decide protests and contests as to United 
States Senators, State officers. Congressmen and Solicitoi-s : Provided, That 
no member of either the County Committee or State Committee shall act 
in any contest wherein his candidacy is acted on. The Tirotests and con- 
tests for all officers, except county officers and members of the General 
Assembly, shall be filed within five days after the election with the Chair- 
man of the State Committee. 

The State Committee shall also review, on appeal, the decision of the 
County Committee as to county officers, and members of the General Assem- 
bly, and its action shall be final. 

No candidate shall be declared nominated in a primarj^ election unless he 
receives a majority of the votes cast for the office for which he was a can- 
didate. 

The question of a majority vote shall be determined by the number of 
votes cast for any particular office, and not by the whole number of votes 
east in the primary. 

1915, XXIX, 172. 

(297) § 13. Second Primary. — A second jDrimary, when necessary, shall 
be held two weeks after the first and shall be subject to the rules governing 
the first primary. At said second primary the two highest candidates 
alone shall run for any one office, but if there are two or more vacancies 
for any particular office, then the number of candidates shall be double the 
number of vacancies to be filled. 

In the event of a tie between two candidates in the second primary, the 
County Chairman, if it is a county office, and the State Chairman, if it is 
for United States Senator, State . officers. Congressmen or Solicitors, shall 
order the third primary. 

Other primaries, if necessary, shall be ordered by the County Chairman, 
if it is a county office, and the State Chairman, if it is for United States 
Senator, State officers. Congressmen or Solicitors. 

191.5, XXIX, 173. 

(298) § 14. Certain Municipal Registration^ — For all municipal primary 
elections, in cities of more than twenty -five thousand inhabitants and less 
than fifty thousand inhabitants according to the last United States census, 
the same provisions as now obtain as to the registration of voters shall pre- 
vail, the provisions of the Act of 1910, "An Act to amend the Code of 
Laws of South Carolina, Volume I, Chapter XLIX, relating to municipal 
corporations, by adding thereto an Article to be known as Article VII," etc., 



134 CIVIL CODE OF SOUTH CAROLINA 

and amendments thereto, remaining in full force and effect, except as may 
be specifically amended or repealed bj- this Article. 
1915, XXIX, 174. 

(299) § 15. Act Acumulative — Additional Party Vote. — This Act is not 
intended, and shall not be construed, to prevent any political party, organ- 
ization or association from prescribing and requiring am- additional require- 
ments and safeguards for the conduct of its primary election, and shall not 
be deemed or construed to repeal or effect the provisions of the law of this 
State, pro\'iding additional requirements and safeguards for primary elec- 
tions in cities of more than forty thousand inhabitants : Provided, Jwivever, 
That no political party, organization or association .shall enact rules or 
regulations based upon an educational or propertj^ qualification as a requi- 
site for voting in a primary. That the provisions of this Act shall not be 
construed to repeal an Act entitled ' ' An Act to regulate the holding of all 
primary elections and the organization of clubs in cities containing forty 
thousand inhabitants, or more," and also known as Senate Bill No. 37, 
passed at regular session of 1915. 

1915, XXIX, 174. 

(300) § 16. Violation of Act — Penalties — Oaths. — Any person violating 
the provisions of this Article other than swearing falsely shall be guilty 
of a misdemeanor, and fined not over five hundred ($.500) dollars, or im- 
prisoned not over six (6) months, or both, at the discretion of the court. 
Any person swearing falsely in any of the matters pertaining to primary 
elections shall be guilty of perjury and punished as now provided by 
law for perjury. The officers and Managers of all clubs, and members of 
the State and County Executive Committees of political parties, organi- 
zations or associations, are hereby authorized to administer oaths in all 
matters relating to such primary elections, and to swear falsely before 
any of them touching such matters shall be perjurJ^ The said Managers 
shall be sworn to conduct the election fairly and legallj-, and each 
voter shall be sworn as to his right to vote and that he has not voted 
before at said election. 

1915, XXIX, 174. 



ARTICLE II. 

Regulations for the Use of Booths at Primary Elections. 

(301) § 1. Booths at Primary Elections — Not to Apply Outside Incor- 
porated Cities and Towns. — That in every primary election in this State 
there shall be provided at each polling precinct one booth for each one hun- 
dred enrolled voters or majority fraction thereof. The booths shall be 
made of wood, sheet metal, or any other suitable substance ; shall not be 
less than thirty-two inches wide and thirty two inches deep and six feet 
six inches high, shall be provided with a curtain hanging from the top in 
front to within three feet of the floor, and shall have a suitable shelf on 



CIVIL CODE OF SOUTH CAROLINA 135 

wliich the voter can prepare his ticket : Provided, The provisions of this 
Article shall not apply to any precinct where there are less than fifty 
(50) voters enrolled on the chib roll at such precinct. 

1918, XXX, 811; 1919, XXXI, 77. 

(302) § 2. Polling Places.— The polling places shall be provided with a 
table for the Managers. The polls shall be provided with a guard rail, so 
that no one except as hereinafter provided shall approach nearer than five 
feet to the booths in which the voters are preparing their ballots. 

1918, XXX, 811. 

(303) § 3. Tickets. — The tickets shall be printed on clear white paper 
in the usual manner, but shall have a coupon at the top perforated so as to 
be easily detached. On the coupon shall be printed "Official Ballot." 

' ' Club , Ward , No " The numbers 

shall run seriatim for each club. There shall be 50 per cent, more ballots 
than there are voters enrolled at each polling place. 

1918, XXX, 811. 

(304) § 4. Preparation of Ballots. — The Managers shall be responsible 
for all ballots furnished. When a voter presents himself lie shall be given 
a ballot. The Manager in charge of the poll list shall enter the number of 
the ballot next the name of the voter. The voter shall forthwith retire alone 
to one of the booths, and without undue delay prepare his ballot by scratch- 
ing out the names of the candidates for whom he does not care to vote. No 
voter shall remain in the booth longer than five minutes. After preparing 
his ballot, the voter shall present himself to the Manager. His ballot must 
be folded in such a way that the number can be seen and the coupon can be 
readily detached by the Manager without in any way revealing the printed 
portion of the ballot. If the voter is not challenged, and takes the pre- 
scribed oath, the Manager shall tear off the coupon, put it on file, stamp the 
ballot, and the voter shall deposit his ticket in the box, and shall immedi- 
ately leave the polling place. If a voter shall mar or deface his ballot, he 
may obtain one additional ballot upon returning to the Manager in charge 
of the ballots the ballot so marred or defaced, with the coupon attached. 
The Manager in charge of the poll list shall change the number of the ballot 
on his poll list, and place the defaced ballot on a file. No voter shall be 
given a second ballot until he has returned the first one with coupon 
attached. 

1918, XXX, 811. 

(305) § 5. When and How Voter May Be Assisted. — No person shall be 
allowed within the guard rail except as hereinafter provided. If a voter 
cannot read or write, or is physically disabled, and by reason thereof did 
not sign the enrollment book, he may appeal to the Managers for assistance, 
and the Chairman of the Managers shall appoint one of the Managers, and 
a bystander to be designated by the voter, to assist him in preparing his 
ballot : Provided, After the voter 's ballot has been prepared, the bystander 
so appointed shall immediately go behind the guard rail : Provided, fur- 
ther, That in cities containing fifty-five thousand inhabitants or more, 
the Chairman of the Managers shall appoint two of the watchers represent- 



136 CIVIL CODE OF SOUTH CAROLINA 

ing different factions to assist him in preparing the ballot. After the 
voter's ballot has been prepared, the watchers so appointed shall immedi- 
ately go behind the guard rail : Provided, further, That if there be no such 
watchers available, the Chairman may appoint two bystanders who are 
qualified to vote in such primary to assist the voter in the preparation of 
his ballot. 

1918, XXX, 811 ; 1820, XXXI, 808. 

(306) § 6. Admission to Polling Place. — From the time of the opening 
of the poll until the announcement of the result and the signing of the 
official returns, no person shall be admitted to the polling place except the 
Managers, duly authorized watchers and challengers, the Chairman of the 
Executive Committee or member of the Executive Committee appointed in 
his stead to supervise this polling place, persons duly admitted for the pur- 
pose of voting, police officers admitted by the Managers to preserve order 
or enforce the law: Provided, however, That candidates for public office 
voted for at such polling place may be present at the canvass of the votes : 
Provided, Canvass of the votes shall be open to the public. 

1918, XXX, 811. 

(307) § 7. Interference With Election. — If the watchers or officers of 
the law who are admitted to the polling place by the Managers shall inter- 
fere with the Managers or obstruct the voting, it shall be the duty of the 
Managers to suspend the election until order is restored, or as may be 
provided by the rules of the party. No person shall be allowed to approach 
polling places within twenty-five (25) feet while polls are opened, other 
than the persons herein provided for. 

1918, XXX, 811. 

(308) § 8. Managers to Account for Ballots. — Upon the close of the 
election, Managers shall account to the Executive Committee for all ballots 
•delivered to them, and make the following returns: (a) The number of 
'Official ballots furnished to each polling precinct, (b) The number of 
official ballots spoiled and returned by voters, (c) The number of official 
ballots returned to the Executive Committee, (d) The number of official 
ballots actually voted. 

1918, XXX, 811. 

(309) § 9. Inconsistent Acts Repealed — Act (1915; 81) Not Affected. — 

That all Laws and parts of Laws in conflict with the provisions of this Law 
are hereby repealed, except an Act to regulate the holding of all primary 
elections and the organization of clubs in cities containing forty thousand 
inhabitants or more, approved 16th day of February, 1915, which said Act 
shall remain in full force and effect. 
1918, XXX, 811. 

(310) § 10. State Executive Committee to Make Regulations for Voting 
by Persons in XJ. S. Service. — The State Executive Committee provided 
for under the laws regulating primary elections in this State be, and they 
are hereby, authorized and empowered to make such regulations as may be 



CIVIL CODE OF SOUTH CAROLINA 137 

necessary to provide for the enrollment and voting of citizens of this State 
holding positions under the Government of the United States, or any 
branch thereof and residing temporarily out of the State, but within the 
United States. 
1918, XXX, 811. 



ARTICLE III. 



Regulations for the Holding Primary Elections and the Organization of 
Clubs in Cities Containing Forty Thousand Inhabitants or More, 

(311) § 1. Provisions and Regulations. — Tliat in countie.s containing a 
city of forty thousand inhabitants or more the following provisions shall 
obtain for all primaries : State, County and Municipal Books of enrollment 
for voting in all primar.y elections shall be opened by the Secretary of each 
club at such place or places as may be designated by the Municipal or 
County Executive Committee on the second Tuesday in June in each year, 
wherein a State or county election is to be held and on the twelfth Tuesday, 
prior to the Monday preceding the date of the primary in each year wherein 
a municipal election is to be held. Notice thereof shall be given by the 
County or Municipal Chairman showing the names of the clubs, the bound- 
aries of the clubs districts, when the clubs are in cities or towns or adja- 
cent thereto the names of the Secretaries, such other information as the 
respective County or Municipal Chairman may desire to give, and when 
the books are to be opened. Thereafter no new clubs shall be organized in 
that election year. For the year 1916 for the purposes of organization of 
the clubs and for the election of officers, Executive Committeemen, and dele- 
gates to the County Convention to be held in May, 1916, books of enrollment 
shall be opened by the Secretary of each club on the 16th day of March, 
1916, under the same regulations and requirements as is herein provided 
and with full power in the Executive Committee to purge the same, and 
shall remain open not later than ten daj"s prior to the date fixed for the 
club meeting, and the persons so enrolled for such organization .shall not be 
required to reenroU when the books are reopened for enrollment for the 
primary election in said year. 

1915, XXIX, 81; 1916, XXIX, 921. 

(312) § 2. Duties of Applicant for Enrollment. — Each applicant for 
enrollment shall, in person, write upon the club roll his full name and, 
immediately thereafter, his age, height, occupation and postoffice address, 
and, if in a city or town, shall write the name of the street and the number 
of the house in which he resides, if such designation exists in said city or 
town. In the event of the inability of the applicant to write, he may make 
his mark upon the roll, which .shall be witnessed by the Secretary or other 
person then having the custody thereof, who shall fill in the other require- 
ments. 

1915, XXIX, 81. 

(313) § 3. Enrollment Books. — The Municipal and County Committees 
shall furnish to the Secretaries suitable books for such enrollment. The 
enrollment books shall be kept in the custody of the Secretaries of the 



138 CIVIL CODE OF SOUTH CAROLINA 

respective clubs, at sixcli places as shall be designated by the Municipal oi 
County Executive Committee. The enrollment books shall be opened to 
inspection by any member of the partj'-. 
1915, XXIX, 81. 

(314) § 4. Oath of Applicant for Enrollment. — Each voter applying 
for enrollment on any club roll shall take an oath that he is duly qualified 
to vote in said election, and that he has not enrolled as a member of any 
club. 

1915, XXIX, 81. 

(315) § 5. Violation of Article — Perjury- — Books of Enrollment — Prima 
Facie Evidence. — Every person enrolling himself who is not entitled to 
be enrolled, or who shall violate any of the provisions hereof, shall be 
deemed guilty of perjury, and the production of the books of enrollment, 
showing the enrollment of any such person, shall be prima facie evidence 
that the person so enrolled has acted in violation of the provisions of law. 

1915, XXIX, 81. 

(316) § 6. Closing of Enrollment Books — Duties of Secretary — County 
Auditor — Subject to Inspection — Publication — Committee Meeting — 
Complaints — Purging RoUs — Notice. — On the fifth Tuesday prior to the 
Monday preceding each primary election, at 12 o 'clock noon, which shall be 
the last day of enrollment, the enrollment books shall close, and within three 
days thereafter each Secretary shall transmit the original enrollment books 
to the Municipal or County Chairman, who shall immediately deposit the 
same in the office of the County Auditor, -where said books shall be open to 
public inspection subject to the rules of the party, and said Municipal or 
County Chairman shall forthwith cause to be made, and shall publish in a 
daily newspaper published in the county wherein such primary election is 
to be held, a copy of the names, with their respective addresses, appearing 
on said enrollment books. At least ten days before the primary election, 
the Municipal or County Committee shall meet, after three days' published 
notice in a newspaper of general circulation in the county, of the time and 
place of meeting, and examine the rolls. Any person may complain of 
errors therein, and the Municipal or County Committee, after hearing com- 
plaints, shall, in a fair and impartial manner, correct and purge the rolls, 
striking off the names of all persons not properly enrolled: Provided, No 
name shall be stricken from any club roll without three days' notice, by 
registered letter, to the address appearing on the books of enrollment to 
the person whose name is proposed to be stricken off from the roll, to show 
cause why said name should not be stricken off. 

1915, XXIX, 81. 

(317) § 7. Certification of RoUs— Names Stricken to Be Published. — 

When said rolls have been revised and corrected by the said Municipal or 
County Committee, they shall be certified to, and shall thereupon become 
the official club rolls. Upon the completion of said revision, the Municipal 
or County Chairman shall immediately cause to be made and published in a 



CIVIL CODE OF SOUTH CAROLINA 139 

daily newspaper ijublislied in the county wherein such primary election is 
to be held, a list, duly certified by him, of all names stricken, with their 
addresses as appearing- on the rolls, off said enrollment books. 
1915, XXIX, 81. 

(318) § 8. Book Delivered to Managers— When to Be Returned. — The 

original enrollment books shall be delivered to the Managers of the primary 
elections by the Municipal or County Executive Committee the day before 
the opening of the polls located in cities, and not more than three days 
before the opening of the polls located in the country districts. The Man- 
agers of the primary election shall return said enrollment books to the 
Chairman of the Municipal or County Executive Committee immediately 
after the counting of the vote, along with the boxes. 
1915, XXIX, 81. 

(319) § 9. Booths. — There shall be provided at each polling precinct 
one booth for each one hundred (100) enrolled voters. The booths shall be 
made of wood, sheet metal or any other suitable substance, shall be not less 
than thirty-two (32) inches wide and thirty-two (32) inches deep, and six 
(6) feet six (6) inches high; shall be provided with a curtain, hanging 
from the top in front to within three (3) feet of the floor, and shall have a 
suitable shelf on which the voter can prepare his ticket. 

1915, XXIX, 81. 

(320) § 10. Provision for Polling Places. — Tlie polling places shall be 
provided with a table for the Managers. The polls shall be divided with a 
guard rail, so that no one except as hereinafter provided shall approach 
nearer than five feet to the booths in which the voters are preparing their 
ballots. 

1915, XXIX, 81. 

(321) § 11. Tickets. — The tickets shall be printed on clear white paper, 
in the usual manner, but shall have a coupon at the top, perforated, so as to 
be easily detached. On the coupon shall be printed, "Official Ballot." 

"Club , Ward , No. . " The numbers shall run seriaiim for 

each club. There shall be fifty per cent, more ballots than there are voters 
enrolled at each polling place. 

1915, XXIX, 81. 

(322) § 12. Managers Responsible for BaUots— When Voter Receives 
BaUot — Regulations for Casting. — The Managers shall be responsible for 
all ballots furnished. When a voter presents himself he shall be given a 
ballot, provided he is a native citizen of the United States, or if he is a 
naturalized citizen he must show his naturalization papers before the Man- 
agers shall give him a ballot. The Manager in charge of the poll list shall 
enter the number of the ballot next the name of the voter. The voter shall 
forthwith retire alone to one of the booths and, without undue delay, pre- 
pare his ballot by scratching out the names of the candidates for whom he 
does not care to vote. No voter shall remain in the booth longer than five 
minutes. After preparing his ballot the voter shall present himself to the 
Managers. His ballot must be folded in such a way that the number can 



140 CIVIL CODE OF SOUTH CAROLINA 

be seen and the coupon can be readily detached by the Manager without in 
any way revealing the j)rinted portion of the ballot. If the voter is not 
challenged, and takes the prescribed oath, the Manager shall tear off the 
coupon, put it on a tile, stamp the ballot, and the voter shall deposit his 
ticket in the box, and shall immediately leave the polling place. If a voter 
shall mar or deface his ballot he may obtain one additional ballot, upon 
returning to the Manager in charge of the ballots the ballot so marred, or 
defaced, with the coupon attached. The Manager in charge of the poll list 
shall change the number of the ballot on his poll list and place the defaced 
ballot on file. No voter shall be given a second ballot until he has returned 
the first one, with coupon attached. 
1915, XXIX, 81. 

(323) § 13. Assistance to Illiterate or Physically Disabled Voter,. — No 

person shall be allowed within the guard rail except as hereinafter provided. 
If a voter cannot read or write, or is physically disabled, and by reason 
thereof did not sign the enrollment book, he may appeal to the Managers 
for assistance, and the Chairman of the Managers may appoint two of the 
watchers representing different factious to assist him in preparing his bal- 
lot: Provided, After the voter's ballot has been prepared the watchers 
so appointed shall immediately go behind guard rail. 
1915, XXIX, 81. 

(324) § 14. Certain Persons Admitted to Polling Place. — From the time 
of the opening of the poll until the announcement of the result, the signing 
of the official returns, no person shall be admitted to the polling place 
excej)t the Managers, duly authorized watchers and challengers, the Chair- 
man of the Executive Committee or member of the Executive Committee 
appointed in his stead to supervise this polling place, persons duly admitted 
for the purpose of voting, police officers admitted by the Managers to pre- 
serve order or enforce the law: Provided, however, That candidates for 
public office voted for at such polling place ma.y be present at the canvass 
of the votes. 

1915, XXIX, 81. 

(325) § 15. Watchers or Officers Not to Obstruct Managers or Voters — 
Polls Not to Be Approached. — If the watchers or officers of the law who 
are admitted to the polling place by the Managers shall interfere with the 
Managers or obstruct the voting, it shall be the duty of the Managers to 
suspend the election until order is restored, or as may be provided by the 
rules of the party. No person shall be allowed to approach polling places 
within one hundred (100) feet while the polls are open. 

1915, XXIX, 81. 

(326) § 16. Duties of Managers. — Upon the close of the election. Man- 
agers shall account to the Executive Committee for all ballots delivered to 
them, and make the following returns: (a) The number of official ballots 
furnished to each polling precinct, (b) The number of official ballots 
spoiled and returned by voters, (c) The number of official ballots returned 
to the Executive Committee, (d) The number of official ballots actually 
voted. 

1915, XXIX, 81. 



CIVIL CODE OF SOUTH CAROLINA 141 

(327) § 17. Party Rules. — Except as herein provided, the primary elec- 
tion shall be conducted in accordance with the party rules. 

1915, XXIX, 81. 

(328) § 18. Misdemeanor — Perjury — Penalty — Oaths Administered. — 

Any person violating the provisions of this Act other than swearing falsely, 
shall be guilty of a misdemeanor and fined not over five hundred ($500.00) 
dollars, or imprisoned not over six (6) months, or both, at the discretion of 
the court. Any person swearing falsely in any of the matters pertaining to 
primary elections shall be guilty of perjury, and punished as now provided 
by law for perjury. The officers and Managers of all clubs, and members 
of the State and County Executive Committees of political parties, organi- 
zations or associations, are hereby authorized to administer oaths in all 
matters relating to such primary elections, and to swear falsely before 
any of them, touching such matters, shall be perjury. The said Managers 
shall be sworn to conduct the election fairly and legally, and each voter 
shall be sworn as to his right to vote and that he has not voted before at 
said election. 
1915, XXIX, 81. 



ARTICLE IV. 

Special Provisions as to Primary Elections. 

(329) § 1. Board for Appeals in Municipal Primaries — Protests — 
Papers. — That in ever.y political primary election held by any political 
party, organization or association in any of the cities or to-mis of this State 
for the purpose of choosing candidates for offices therein or the election of 
delegates to conventions thereof, the decision of any protest or contest that 
may arise shall be subject to appeal to the Board of State Canvassers of 
Municipal Primaries of this State herein provided for, and upon such appeal 
it shall be the duty of the committee or canvassing officers from whose deci- 
sion such appeal may be made to transmit to said Board of State Canvassers, 
any protest and all papers relating to the election with a copy of any evi- 
dence taken before them within ten days from their first meeting to canvass 
the returns of Managers of such election. 

1920, XXXI, 931. 

(330) § 2. Board of State Canvassers for Municipal Primaries — Oa'ch 
— Powers. — That the State Executive Committee of every political party 
in this State which may have such a committee shall immediately after its 
appointment elect from its body a committee of seven, one from each Con- 
gressional District, which shall constitute the Board of State Canvassers 
for Municipal Primaries, each of whom, before hearing any appeal, shall 
take and subscribe an oath that he will fairly and impartially and honestly 
decide such appeal, and shall have power upon security being given to their 
Chairman for the payment of the expenses of .such appeal by the person or 
persons making the same, to decide as judicial officers all cases under pro- 
test or contest that may come before them on appeal from any decision of 
said committees and canvassing officers from whose decisions appeal is 



142 CIVIL CODE OF SOUTH CAROLINA 

made upon the papers transmitted to them by said committees or canvass- 
ing officers, and the person or persons declared by said State Board of 
Canvassers for Municipal Primaries to be nominated at such election shall 
be the nominee or nominees of such political party in the respective elec- 
tions for which such nominations were made. 
1920, XXXI, 931. 

(331) § 3. Vacancies. — Any vacancies in said Board of State Can- 
vassers of Municipal Primaries, of whom five shall be a quorum, shall be 
filled by the State Executive Committee, or in case they should not be in 
session, by the Chairman of the State Executive Committee, and the mem- 
bers of said Board shall serve until the appointment of the next State 
Executive Committee. 

1920, XXXI, 931. 

(332) § 4. Appointment of Watchers — Registration — Filing Lists and 
Furnishing Copies — Publication of Lists. — Candidates in all counties in 
which there is a city containing twenty thousand inhabitants or more shall 
have the right to appoint a watcher at each polling place to look after the 
interest of such candidates. And in all cities of twenty thouF.-nd inhabit- 
ants or more there shall be a party registration of voters under regulations 
to be prescribed by the rules of the respective party. 

Civ. '12, § 285; Civ. '02, § 258; 1896, XXII, 56; arad. by 1900, XXIII, 375; 1903, 
XXIV, 9; 1908, XXV, 1154; 1915, XXIX, 81; 1916, XXIX, 921. 

(333) § 5. Restrictions of Voters in Primary Elections. — That here- 
after only citizens of this State, or other cities of the United States, who 
shall have been residents of this State for at least one year, with the bona 
fide intention of becoming citizens of this State, shall be entitled or allowed 
to vote in any primary election, State, county or municipal, in this State; 
and that upon a person offering to vote, and his vote being challenged for 
noncitizenship, the challenge being accompanied by an affidavit of some 
registered voter, made of his own knowledge, or on information and belief, 
to the effect that such person is not a citizen, as defined above, he shall not 
be allowed to vote, unless he file with the Managers at the polls his affidavit 
that he is a citizen, specifjdng whether born or naturalized, and if natural- 
ized, exhibit to the Managers his certificate of naturalization. 

1912, XXVII, 751. 



TITLE III. 

OF THE ASSESSMENT AND COLLECTION OP TAXES. 

Chapter XIV. The Assessment of Taxes, 143. 
Chapter XV. The Collection of Taxes, 207. 



CIVIL CODE OF SOUTH CAROLINA 



143 



CHAPTER XIV. 
The Assessment of Taxes. 

Abticle 1. Subjects and lien of taxes, 143. 

Article 2. Definition of terms, 145. 

Article 3. Property exempt from taxation, 146. 

Article 4. General rules as to the return and assessment of property, 
149. 

Article 5. Special provisions as to returns of merchants, manufacturers 
and pawnbrokers, and respecting mines and mining 
claims, 153. 

Article 6. State Tax Commission. Its Duties and Powers, 155. 

Article 7. Special rules as to returns and assessment of railroad, express, 
telegraph and insurance companies, and provisions as to 
other corporations, 163. 

Article 8. Special rules as to the assessment of property returnable for 
taxation by persons, firms or corporations engaged in 
textile industries, and canals providing power for rent 
or hire, and cotton seed oil companies and fertilizer com- 
panies, 173. 

Article 9. Special rules as to banks and bank stock and unincorporated 
bankers and banking associations, 173. 

Article 10. Certain corporations to make annual reports and pay annual 
license fee, 177. 

Article 11. Proceedings on default of return and penalties therefor ; valua- 
tion of property for taxation, 182. 

Article 12. The County Auditor; appointment, tenure of office and gen- 
eral powers and duties, 184. 

Article 13. Boards of Assessors and Boards of Equalization and their 
functions, 195. 



ARTICLE I. 

Subjects and Lien of Taxes. 

(334) § 1. Poll Tax— Who Liable For.— There shall be assessed on all 
taxable polls in this State an annual tax of one dollar on each poll, the pro- 
ceeds of which tax shall be applied solely to educational purposes. All 
males between the ages of twenty-one and sixty years, except those incapa- 
ble of earning a support from being maimed or from any other cause, shall 
be deemed taxable polls. 

Civ. '12, 
XXVI, 77. 



286; Civ. '02, § 2.59; G. S. 168; R. S. 216; 1882, XVII, 985, § 153; 1909, 



nstitutional, but limited to use for educational purposes. State v. Cobb, 8 S. C. 123. 



144 CIVIL CODE OF SOUTH CAROLINA 

(335) § 2. What Property Is Taxable. — All real and personal property 
in this State, and personal property of residents of this State which may be 
kept or used temporarily out of the State, with the intention of bringing 
the same into the State, or which has been sent out of the State for sale and 
not yet sold; all moneys, credits, investments in bonds, stocks, joint stock 
companies or otherwise, of parties residents in this State shall be subject to 
taxation. 

Civ. '12, § 28T; Civ. '02, § 260; G. S. 164; R. S. 217; 1882, XVII, 982, § 149. 

Personal property taxable where found. Jenkins v. Charleston, 5 S. C. 400. Generally. State v. 
Charleston, 1 Mill 36; Bubow v. Citv Council. 3 N. & McC. .527; Havne v. DeLiesseline, 3 McC. 374; 
Insurance Co. v. Bradley, 83 S. C. 430, 65 S. E. 433. 

(336) § 3. Who Liable for Taxes on Real Estate. — Every person shall 
be liable to pay taxes and assessments on the real estate of which he or she 
may stand seized in fee or for life, by courtesy, in dower, as husband in 
right of his wife, or may have the care of as guardian, executor, trustee or 
committee. 

Civ. '12, § 288; Civ. "02, § 261; G. S. 165; R. S. 218; 1882, XVII, 983, § 150. 

Taylor et al v. Strauss et al, 95 S. C, 293; 78 S. E. 883. 

(337) § 4. Personal Property Held in Trust or Charge — Who Liable 
for Taxes On. — All executors, administrators, guardians, trustees, receiv- 
ers, officers, husbands, fathers, mothers, agents or factors shall be personally 
liable for the taxes on all personal property which they are required, respec- 
tivelj', to list for taxation by the pro^-isions of this Chapter, and which was 
in their possession at the time when the return thereof for taxation .shall 
have been made by themselves or the County Auditors, and may retain in 
their hands a sufficient amount of the property, or proceeds thereof, to pay 
such taxes for the entire year ; and the County Treasurer may collect such 
taxes by any and all the means pro\Tided by Chapter XV, either of the prin- 
cipal or beneficiary, or of the persons so acting as executor, admdnistrator, 
guardian, trustee, husband, father, mother, agent or factor, receiver or 
officer. 

Civ. '12, § 289; Civ. '02, § 262; G. S. 166; R. S. 219; 1882, XVII, 983, § 151. 

(338) § 5. Taxes a Debt Due State, and a First Lien Upon Property — 
Enforcement. — All taxes, assessments and penalties legally assessed shall 
be considered and held as a debt payable to the State by a party against 
whom the same shall be charged ; and such taxes, assessments and penalties 
shall be a first lien in all cases whatsoever upon the property taxed ; the 
lien to attach at the beginning of the fiscal year during which the tax is 
levied ; and such taxes shall be first paid out of the assets of any estate of 
deceased persons, or held in trust as assignee or trustee, as aforesaid, or 
proceeds of any property held on execution or attachment ; and the County 
Treasurer may enforce the said lien by execution against the said prop- 
erty ; or, if it cannot be levied on, he may proceed by action at law against 
the person holding said property. 

When any real estate shall be sold under any writ, order of proceedings 
in any court, the court shall, on motion of any person interested in such 
real estate or in the purchase or proceeds of the sale thereof, order all taxes, 



CIVIL CODE OF SOUTH CAROLINA 145 

assessments and penalties charged thereon to be paid out of the proceeds 
of such sale as a lien prior to all others. 
Civ. '12, § 290; Civ. '02, § 263; G. S. 170; R. S. 220; 1882, XVII, 987, § 155. 

State taxes are a first lien on the property of tlie taxpayer, and a sale for such taxes gives pur- 
chaser a good title as against any taxes then due the town of Mount Pleasant, which, under the 
town charter, 20 stat. 1262, is not a first lien on the property. Holmes v. Weinheimer, 66 S. C. 
18, 44 S. E, 82. 

Liens, as preferred. State v. Allen, 2 Bay 244. Must be expressly made so by the law or arise 
by necessary implication. Barker v Smith, 10 S. C. 226. Continues as long as Statute provides, 
lb. It is not given priority over previously attached inchoate right of dower. Shell v. Duncin, 31 
S. C. 547, 10 S. E. 3.30. 

....Executions, as to, Section is unconstitutional. .State i^ Allen, 2 McC. 55 ; State v. Columbia, 6 
S. C. 11 It was held under certain tax acts that" the personalty must be exhausted before land can 
be sold.' Ebaugh ii. MuUinax, 34 S. C. 364, 13 S. E. 613; Curtis v. Renneker, 34 S. C. 468, 13 
S. E. 664. Under later Acts it has been held that the omission to exhaust the personalty does not 
affect the purchaser's title. 

Interstate B. & L. Ass'n v. Waters, 50 S. C. 459, 27 S. E. 948. 

Taylor et al v. Strauss et al, 95 S. C. 295; 78 S. E. 883. 

(339) § 6. Enforcement of Lien on Realty. — That all real property 
returned delinquent by County Treasurers, upon which the taxes shall not 
be paid by distress or sale of personal property, or otherwise, shall be seized 
and sold as provided by law. The distress and sale of personal property 
shall not be a condition precedent to seizure and sale of any real property 
hereunder. 

Civ. '12, § 291; 1902, XXIII, 1132. 

See Johnson v. Jones, 72 S. C. 270, 288, 51 S. E. 805, as to necessity for sale of personal prop- 
erty in 1876. 

(340) § 7. Collection of Tax to Pay Township Bonds Issued in Aid of 
Railroads Prohibited. — No Board of Townshi]i Comiiiissioners, nor Counts' 
Board of Commissioners, nor any other officer or olScers, shall assess or 
levy, and no County Trea.surer nor other officer or officers shall collect any 
tax for the payment of township bonds, or the coupons thereof, issued in 
the aid of a railroad : Provided, This Section shall not apply to those bonds 
issued in the aid of railroads that have been completed and finished through 
such townships as have issued such bonds, nor until such road or portion 
thereof shall have been accepted by the Eailroad Commissioners : Provided, 
further, That the provisions of this Section shall not apply to Newberry 
County or any part thereof. 

Civ. '12, § 292; Civ. "02, § 264; 1897, XXII, 534-. 



ARTICLE II. 

Definition of Terms. 

(341) § 1. Meaning of Words, Terms and Phrases. — The phrase "real 
property," as used in this Chapter, shall be held to mean and include not 
only land, city, town and village lots, but all structures and other things 
therein contained or annexed or attached thereto which pass to the vendee 
by the conveyance of the land or lot. The phrase ' ' personal property, ' ' as 
used in this Chapter, shall be held to mean and include all things, other 
than real estate, which have any pecuniary value, and moneys, credits, 
investments in bonds, stocks, joint stock companies or otherwise. The term 
"moneys" or "money" as used in this Chapter, shall be held to mean and 
include gold, silver and other coin, bank bills and other bills or notes author- 
ized to be circulated as money, whether in possession or on deposit subject 



146 CIVIL CODE OF SOUTH CAROLINA 

to the draft of the depositor or person having the beneficial interest therein 
on demand. The term "credits," as used in this Chapter, shall be held 
to mean the remainder due, or to become due, to a party, after deducting 
from the amount of all legal debts, claims and demands in his favor, the 
amount of all legal debts and demands against him, whether such demands 
be payable in money, labor or other valuable things. But, in ascertaining 
such remainder, no deduction shall be made for any obligation to any 
mutual insurance comi^anj^, given for insurance, nor any subscription to the 
capital stock of any joint stock company, nor of any taxes assessed against 
the party, nor of any subscription to any religious, scientific, literary or 
charitable purpose, nor of any acknowledgment of a liability not founded 
on a legal and valuable consideration, nor any more of any joint liability 
with others than the party honestly believes he will be compelled to pay, 
nor any contingent liability, nor of any acknowledgment of debt or liability 
made for the purpose of diminishing the amount of credit to be returned 
for taxation. The phrase "investment in bonds," as used in this Chapter, 
shall be held to mean all investments of money or means in bonds of what- 
ever kind, whether issued by the Government of the United States, or of 
this or any other State or Territory of the United States, or anj' foreign 
government, or any county, city, town or other municipality, or by any 
corporation or company of this or any other State or country. The phrase 
' ' investments in stocks, ' ' as used in this Chapter, shall be held to mean aiid 
include all investments of money or means in the evidences of indebtedness, 
other than bonds or bills designed to circulate as money, issued by any 
government or municipality, and shares of the capital of any corporation, 
company or association, and every interest in any such shares or portion 
thereof; also all interests or shares in ships, boats or other vessels used or 
designed to be used exclusively or partially in navigating the waters within 
or bordering on this State, whether such ship, boat, or vessel be within the 
jurisdiction of this State or not, and whether such vessel be registered or 
licensed at any Colletor's office in this State or not. The word "oath," as 
used in this Chapter, shall be held to mean and include an affirmation duly 
made. The words ' " person ' ' and ' ' party, ' ' and other words or words import- 
ing the singular number as used in this Chapter, shall be held to include 
firms, companies, associations and corporations ; and all words in the plural 
number shall apply to single individuals, in all eases in which the spirit and 
intent of this Chapter require it. All words in this Chapter importing the 
masculine gender shall apply to females also ; and all words in this Chapter 
importing the present tense shall apply to the future also. 

Civ. '12, § 293; Civ. '02, g 265; G. S. 167; R. S. 221; 1897, XXII, 983-985. 



ARTICLE III. 

Property Exempt from Taxation. 

(342) § 1. Exemptions from Taxes. — The following property shall be 
exempt from taxation, to wit: 1. All public schools and the grounds actu- 
ally occupied by them, not exceeding in any case three acres. 2. All 
houses used exclusively for public worship, the books and furniture therein, 
and the ground actually occupied by them, not exceeding in any case two 



CIVIL CODE OP SOUTH CAROLINA 147 

acres, and the parsonage and lot on which it is sitiiated, so long as no 
income is derived therefrom. 3. All incorporated public colleges, acade- 
mies and institutions of learning, with the funds provided for their sup- 
port, and the grounds and the buildings actually occupied by them and not 
used with a view to pecuniary profit ; but this provision shall not extend to 
leasehold estates held bj^ others under the authority of any college or other 
institution of learning. 4. All real and personal property the rents, issues, 
incomes and profits of which have been or shall be given to any city, town, 
village, school district or subdistriet in this State exclusively for the endow- 
ment or support of public schools therein, so long as such property or the 
rents, issues, incomes or profits thereof shall be used or applied exclusively 
for the support of free education in said schools bj^ such city, town, village, 
district or subdistriet. 5. All graveyards or cemeteries, except such as are 
held with a view to profit or speculation in the sale thereof. 6. All prop- 
erty owned exclusively by the L^nited States or this State. 7. All build- 
ings owned by counties and used exclusively as court houses, jails or public 
offices, with the grounds on which such buildings are or may be erected, not 
exceeding ten acres in any county. 8. All lands, houses, fixtures and prop- 
erty owned by any county or city used exclusively for the support of the 
poor. 9. All property belonging to institutions of purely public charity 
and used exclusively for the maintenance and support of such institutions. 
10. All fire engines and other implements used in the extinguishment of 
fires, with the buildings and grounds used exclusively for the keeping and 
preservation thereof, when owned by any city, town or village, or any fire 
company organized therein. 11. All public squares or grounds and market 
houses owned bj' any city, village or town and used exclusively for public 
purposes, and not for revenue. 12. All city, town and village halls owned 
and used exclusively for public purposes, and not for revenue, by any city, 
town or village. 13. All waterworks to sujiply water for the use of a town 
or city, the machinery and fixtures connected therewith, and the grounds 
occupied thereby, when owned by any city or town. 14. All bonds and 
stocks of this State. All municipal bonds in this State which, by the terms 
of the Act under which they are or may be issued, are or may be exempted 
from taxation. 15. All bonds and stocks of the United States which are 
not authorized by the laws of the United States to be taxed under State 
authority. 16. A-11 rents accruing from real estate which shall not become 
due within two months after the first day of January of the year in which 
taxes are to be assessed thereoji. 17. All of any annuity not payable on or 
before August 1st of the j^ear for which taxes are to be assessed thereon. 
18. All pensions payable to any person by the United States or anj^ State of 
the United States. 19. All shares of the capital stock of any company or 
eorfjoration which is required to list its capital and property for taxation 
in this State. 20. All the wearing apparel of the person required to make 
return, and his family. 21. Articles actually provided for the present 
subsistence of the person or his family, to the value of one hundred dollars. 
22. Pair grounds of agricultural and mechanical societies when not used 
for purposes of profit. 23. All houses, together with the grounds occupied 
by them, not exceeding in any case three acres, together with books, furni- 
ture and appurtenances therein, belonging to any Young Men's Christian 



148 CIVIL CODE OF SOUTH CAROLINA 

Association in this State and used by tliem for the purposes of, or in sup- 
port of, such association are exempt from taxation for State, county, school, 
municipal and special taxes : Provided, That the exemption herein provided 
for shall not apply to such portions of the buildings as may be rented for 
other purposes. 24. All bonds hereafter issued or sold, or to be hereafter 
issued or sold, by the trustees of any school district, or school districts, 
pursuant to the vote of the majority of qualified voters of such school dis- 
trict, or such school districts, voting at an election heretofore or hereafter 
held for the erection of buildings, for equipment, for maintaining public 
schools in such district or districts, or for paying indebtedness of such dis- 
trict or districts, shall be exempt from all taxation for State, county, munic- 
ipal or school purposes. 25. All premises owned in fee by any military 
organization in this State and used by said organization solely for military 
purposes, and in case any premises owned in fee by any such military organ- 
ization be used in part by such military organization for military purposes 
and part for any other purpose, then the County Auditor shall reduce the 
assessment on such premises in proportion that value of the part used solely 
for military purposes bears to the whole premises. 26. All premises belong- 
ing to any Young Women's Christian Association or to the Salvation Army 
in this State and used by them for the purpose of, or in support of, such 
association or army: Provided, That the exemption herein provided for 
shall not apply to such portions of any buildings as may be rented for other 
purposes. 27. All bonds hereafter issued bj^ any city or county. 28. That 
the South Carolina Baptist Hospital in the City of Columbia, with all houses, 
furniture and property of every kind belonging to said hospital and used 
for the purpose of said hospital, be, and the same is hereby, exempt from 
taxation for State, county, school, municipal and special taxes. 29. All 
building and loan associations heretofore chartered, or hereafter to be char- 
tered, under the laws of the State of South Carolina, for the purpose of 
lending money to be expended in the erection, repairs or improvements of 
buildings in this State, shall be exempt from the payment of any State, 
county or municipal taxes within this State: Provided, That no building 
and loan associations be allowed to make loans under the provisions author- 
ized by law to banks, banking houses or other corporations or persons con- 
ducting business in the nature of banks or banking houses, except in the 
usual way of lending to individuals, without discount, and showing the evi- 
dence of the indebtedness of such loans to be by promissory notes or bonds 
and secured by mortgages of real estate, or other security: Provided, fur- 
ther, That no building and loan association, or other corporation conduct- 
ing business in the nature of building and loan associations, chartered 
under the laws of this State, and desiring the benefit of this Act, shall be 
permitted to lend money to be used in the erection, repairs or improve- 
ments of property located without the county limits in which they are 
located. 30. That in computing for taxation for State, county or municipal 
purposes, the true value in money in all shares of stock in any bank or 
banking association doing business in this State, there shall be deducted 
therefrom so much thereof as is invested in United States Liberty Bonds or 
other bonds hereafter to be issued by the United States Government and 



CIVIL CODE OF SOUTH CAROLINA 149 

Federal Farm Loan Bonds of the Federal Land Bank of Colnmbia, not, 
however, to exceed twenty-five per cent, of the capital stock and surplus of 
such bank or banking institution invested. 

Civ. '12, § 294.; Civ. '02, § 266; G. S. 169; R. S. 222; 1882, XVII, 985, § 154; 1908, 
XXV, 1051; 1912, XXVII, 682; 1915, XXIX, 574; 1918, XXX, 710; 1919, XXXI, 136; 
1920, XXXI, 746. 

City of Columbia v. Tindal, 43 S. C. .547, 22 S. E. 341. 

General Assembly may exempt in act authorizing their issuance bonds issued bv county to pay its 
bonded debt under § 1, Art. X, Constitution. Chester County v. White, 70 S C. 433, 448, 50 
S. E. 28. 

As to enforcement of collection of unpaid taxes upon municipal property not used exclusiyely for 
public purposes and for reyenue, see post, § (524). 

Legislature may exempt County bonds. Chester County v. White, 70 S. C. 433, 50 S. E. 28. 

See Const. 1895, § 1, Art. X. 



ARTICLE IV. 

General Rules as to the Return and Assessment of Property. 

(343) § 1. Comptroller General to Prescribe Forms. — The Comptroller 
General shall prescribe the forms of all returns of taxation, and the oaths 
that shall be made thereto, and transmit the same to the several County 
Auditors ; and any return made in any way varying therefrom shall not be 
regarded as a return : Provided, Returns of property in the City of Florence 
may be made upon a special form furnished by said city through its Coun- 
cil, and approved by the Comptroller General. 

Civ. '12, § 295; Civ. '02, § 267; G. S. 213; R. S. 223; 1896, XXII, 63; 1914, XXVIII, 
516. 

(344) § 2. Return and Assessment of Property. — Eveiy person of full 
age, and of sound mind, shall annuall.v list for taxation the following per- 
sonal property, to wit : 

1. All the tangible personal property in the State, owned or controlled 
by him. 

2. All the tangible propertj^ owned by him or other resident of South 
Carolina, and under his control, which may be temporarily out of the State, 
but is intended to be brought into the State. 

3. All tangible pei'sonal property owned or controlled by him which may 
have been sent out of the State for sale, and not yet sold ; and, 

4. All the moneys, credits, investments in bonds, stocks, joint stock com- 
panies, or otherwise, owned or controlled by him, whether in or out of this 
State. 

The property of every ward shall be listed by his guardian; of every 
minor child, having no other guardian, by the father, if living ; if the father 
be dead, by the mother, if living ; and if the mother be dead or married, by 
the person having it in charge; of the wife, by the husband, if living and 
sane, and the parties are residing together; if the husband be dead, or is 
insane, or is not living with his wife, by the wife ; of every person for whose 
benefit property is held in trust, by the trustee; of every deceased person, 
by the executor or administrator ; of those whose property or assets are in 
the hands of receivers, by such receivers ; of every firm, company, body 
politic or corporate, by the president or principal accounting officer, part- 
ner, or agent thereof; of all persons in the hands or custody of any public 



150 CIVIL CODE OF SOUTH CAROLINA 

officer or appointee of a court, by such officer or appointee ; of those absent 
or unknown, by their agent or the person having it in charge ; of lessees of 
real property, by such lessees. 

Civ. '12, § 296; Civ. '02, § 268; G. S. 173; R. S. 224, 225. 

, (345) § 3. How Property Listed and Returned. — All persons required 
by law to list property for others shall list it separately from their own, and 
in the name of the owner thereof ; but shall be personally responsible for the 
taxes thereon for the year in which they list it, and may retain so much 
thereof, or the proceeds of the sale thereof, in their own hands, as will be 
sufficient to paj' such taxes: Provided, That all lands shall be listed and 
assessed as the property of the person or persons haAdng the legal title to, 
and the right of jDOSsession of, the land at the time of listing- and assessment, 
and in case of persons ha^dng possession of lands for life, in the name of the 
life tenant: Provided, further, That in the cas.e of estates administered, 
the property shall be listed and assessed as the property of ' ' the estate of ' ' 
the person deceased ; that in case of trust, the property shall be listed and 
assessed as the property of the trustee, styled as trustee, committee, or 
guardian, as the case may be; and that in case of bankruptcy, the property 
shall be listed and assessed as the property of the bankrupt. And any one 
who shall knowingly return land in the name of one not having the legal 
title to, and right of possession of, the land at the time of listing and assess- 
ment as provided in this Section, shall be liable in an action of damages in 
an amount at least equal to the tax assessed at the suit of the one entitled to 
the possession of said land. 

Civ. '12, § 297; Civ. '02, § 269; G. S. 174; R. S. 226; 1882, XVII, 987. 

"Property" embraces land. PoUitzer v. Beinkempen, 76 S. C. 523, 57 S. E. 475. Listing in 
name of estate of deceased where estate was not administered. Koth v. Pallochucala Club, 79 S. C. 
514, 61 S. E. 77. Return made bv agent as "unknown" renders proceedings void. Hudson v. 
Schumpert, 80 S. C. 23, 61 S. E. 104. 

(346) § 4. Same. — All horses, neat cattle, mules, asses, sheep, hogs, 
dogs, wagons, carts, and other vehicles used in any business ; furniture and 
supplies used in hotels, restaurants, and other houses of public resort; all 
personal property used in or in connection with storehouses, manufactories, 
warehouses, or other places of business ; all personal property on farms ; all 
merchants' and manufacturers' stock and capital, shall be returned for tax- 
ation and taxed in the city, ■callage, and town in which it is situated; all 
bankers' capital and personal assets pertaining to their banking business, 
in the city, town, and village in which the banking house is located; all 
shares of stock in incorporated banks located in this State, in the city, town, 
and village where the bank is located ; all property of deceased persons shall 
be returned for taxation at the residence of the executor or administrator, 
if in the county where administration may be legally granted ; but if the 
executor or administrator reside out of such county, at the county seat of 
such county, until distribution thereof, and payment may be made to the 
parties entitled thereto ; and all other personal property shall be returned 
for taxation and taxed at the place where the owner thereof shall reside at 
the time of listing the same, if the owner reside in this State ; if not, at 
the residence of the person having it in charge ; and all real estate shall be 
taxed in the county, city, ward, and town where it is located. 

Civ. '02, § 270; G. S. 175; R. S. 227; 1882, XVII, 989. 



CIVIL CODE OF SOUTH CAROLINA 151 

Separate Tax Eettjrns. — The owners of real property situate partly 
within and partly without any incorporated town or city are hereby required 
to list the part in the town or city separately from the part outside the 
incorporated limits thereof. 

Civ. '12, § 298; 1901, XXIII, 615. 

Pollitzer r. Beinkempen, 76 S. C. 517, 523, 57 S. E. 475. 

(347) § 5. When Returned and How Valued — Listing of Agricultural 
Products for Taxation — Conditions. — Every person required by law to list 
property shall annually, between the first day of January and the twentieth 
day of February, make out and deliver to the Auditor of the county in 
which the property is, by law, to be returned for taxation, a statement, 
verified by his oath, of all the real estate which has been sold or transferred 
since the last listment of property for which he was responsible, and to 
whom, and of all the personal property possessed by him, or under his con- 
trol, on the first day of January of each year, either as owner, agent, parent, 
husband, guardian, executor, administrator, trustee, receiver, officer, part- 
ner, factor, or holder, with the value thereof, on said first day of January, 
at the place of return, estimating according to the rules prescribed by law : 
Provided, That the returns of the following agricultural products, to wit : 
Corn, cotton, wheat, oats, rice, peas and long forage, made on the day 
specified by law, shall be the amounts actually on hand on August 1, imme- 
diately preceding the date of said return: And provided, further, That this 
shall apply only to such of said products as are actually in the hands of 
the producer thereof. 

Which statement shall set forth : 

1. The number of horses, and their value. 

2. The number of neat cattle, and their value. 

3. The number of mules and asses, and their value. 

4. The number of sheep and goats, and their value. 

5. The number of hogs, and their value. 

6. The value of gold and silver plate, and number of gold and silver 
watches, and their value. 

7. The number of pianofortes, melodeons, and cabinet organs, and their 
value. 

8. The number of pleasure carriages, and their value. 

9. The number and value of dogs. 

10. The value of goods, merchandise, moneys, and credits, jDertaining to 
his business as a merchant. 

11. The value of materials received, used, or i^rovided to be used, in his 
business as a manufacturer. 

12. The value of all machinery, engines, tools, fixtures, and implements 
used, or provided to be used, in his business as a manufacturer, and of all 
manufactured articles on hand one year or more. 

13. The value of moneys, including bank bills and circulating notes. 

14. The value of all credits. 

15. The value of investments in the stocks of any company or corporation 
out of this State, except National Banks. 



152 CIVIL CODE OF SOUTH CAEOLINA 

16. The value of all investments in bonds, except bonds of the United 
States and this State expressly exempted from taxation. 

17. The value of all other property. 

Civ. '12, § 299; Civ. '02, § 271; G. S. 176; R. S. 228; 1882, XVII, 990; 1887, XIX, 798. 

(348) § 6. Return of Real Estate for Taxation.— It shall be the duty of 
all persons, who are required by law to make returns of personal property, 
to make full returns of all real estate and improvements thereon between 
the first day of January and the twentieth day of February, 1898, and at 
the same time in every fourth year thereafter: Provided, That for that 
portion of the Township of Florence, for the County of Florence, lying 
within the limits of the City of Florence, like returns shall also be made 
between the first day of March and the fifteenth day of March : Provided, 
further. That in cities having a population of fifty thousand inhabitants or 
over, such returns of real estate shall also be made between the first day of 
January and the twentieth day of February in any intermediate year upon 
the order of the Special Board of Equalization for such cities : Provided, 
That in Florence County returns of all real estate and improvements thereon 
shall be made during the year 1916 : Provided, That the time for making 
such returns is hereby extended until the first day of April, 1916. 

Civ. '12, § 300; Civ. '02, § 272; 1897, XXII, 46; 1910, XXVI, 753; 1916, XXIX, 837. 

(349) § 7. Dog Tax — Return — Collection — Lien. — Dogs shaU be returned 
in the same manner and at the same time that other property is returned 
for taxation. 

The capitation tax on dogs provided for in the following section shall 
be collected at the same time and in the same manner that other taxes are 
now collected, and shall constitute a first lien in favor of the State of 
South Carolina on all property owned bj' any person who owes any such 
capitation tax. The collection of the capitation tax provided for in this 
Section may be enforced against anj^ projaerty owned bj' the debtor of 
such tax in the same way and manner as if it were a tax assessed on that 
specific piece of property. No dog which is not returned for taxation, as 
required in this Section, shall be held to be propertj^ in any of the courts 
of this State. It shall be the duty of the County Auditor and the Town- 
ship Assessors and School Trustees to enforce the jDrovisions of this Sec-, 
tion, so far as it relates to listing dogs for taxation. 

Civ. '12, § 301; 1904, XXIV, 469; 1906, XXV, 13; 1909, XXVI, 88. 

(350) § 8. Annual Dog Tax Imposed.: — There shall be levied on all 
dogs, six months old or older, in the State of South Carolina an annual tax 
of one dollar and twenty-five cents ($1.25) per head. 

Civ. '12, § 1790; 1909, XXVI, 88; 1914, XXVIII, 448; 1915, XXIX, 118; 1916, XXIX, 
731, 838; 1919, XXXI, 89; 1920, XXXI, 1082. 

(351) §9. Collar Tags — Payment — Tax Exclusive — Disposition of 
Proceeds. — That upon the jDayment of said annual tax of one dollar and 
twenty-five cents ($1.25) by the owner of any dog in the State, the County 
Treasurer shall issue to the said owner a receipt therefor, and a metal tag 
marked "Dog Tax" and the year for which it is issued. Each County 



CIVIL CODE OF SOUTH CAROLINA 153 

Treasurer shall keep a numerical record of every dog taxed, and, in addi- 
tion thereto, furnish to the owner of each dog such number stamped on the 
metal tag. Which tax shall be levied and paid to the County Treasurer 
as other taxes are paid : Provided, further, That this tax shall be exclusive 
of all other license taxes, either municipal or otherwise : Provided, That all 
such taxes collected hereunder shall be credited to the schools of the school 
district from which it is collected to be used in support of the schools of 
the district: Provided,. further. That said tax shall become due and payable 
at the same time State and county taxes become due and payable. 
1920, XXXI, 1082. 

(352) § 10. Owners Required to Keep Collar and License Tag on Dogs 
— Except While Hunting. — That every owner of a dog shall be required 
to collar and place the aforesaid dog tax upon the said collar, except when 
such dog shall be used for the purpose of hunting, when such dog shall be 
upon a chase or hunt. 

1920, XXXI, 1082. 

(353) § 11. Owning or Harboring of Dog, Without Return and Pay- 
ment of Tax, a Misdemeanor — Penalty — Disposition of Fine. — Any person 
owning, harboring or maintaining a dog, failing or refusing to return and 
pay the tax aforesaid, shall be deemed guiltj' of a misdemeanor, and, upon 
conviction thereof, shall be fined not less than five ($5.00) dollars nor more 
than twenty ($20.00) dollars, one-half of which shall go to the person 
reporting said failure to pay said tax, and one-half to the public school 
fund in which said derelict occurs. 

1920, XXXI, 1082. 

(354) § 12. Fees of County Treasurer.. — That each County Treasurer 
shall be allowed to retain twenty-five cents of the said tax to reimburse 
him for furnishing said tags and keeping the records, as are required under 
the provisions of this Article. 

1920, XXXI, 1082. 



ARTICLE V. 



Special Provisions as to Returns of Manufacturers and Pawnbrokers, 
and Respecting Mines and Mining Claims. 

(355) § 1. Manufacturers. — Every person engaged in making, fabricat- 
ing or changing things into new forms for use, or in refining, rectifying or 
combining different materials for use, shall be held to be a manufacturer, 
and shall, at the same time he is required to list his other property, make 
and deliver to the Auditor of the county in which his place of business is 
situated, a statement of the average value of all articles purchased, received 
or otherwise held for the purpose of being used by him in his business, at 
any time during the year preceding the first day of January of the year in 
which the return is made ; to ascertain which he shall set down the value 
on the first day of January of the preceding year, or other time of com- 
mencing business during the j'ear, add thereto all purchases, when made, at 



154 CIVIL CODE OF SOUTH CAROLINA 

cost, ascertain the average value on hand for the month, deduct the average 
amount of sales for the month, at cost, and the remainder shall be the aver- 
age on hand for that month; and, in like manner, ascertain the average 
value for each month, down to the first day of January of the year in which 
the return is to be made, add together such monthly values, di^dde the aggre- 
gate by the number of months he has been in business during the preceding 
year, as aforesaid, and to the quotient add the moneys and credits on hand 
the first day of January for the year in which the return is made, and the 
product of this last addition shall be the sum ujDon which he shall pay taxes 
for the year in which the return is made: Provided, That when business 
is opened after the first day of Jauuarj^ of the preceding year and closed 
before the first day of January of the year in which the return is made, the 
parties opening and closing such business shall make returns on material — 
the time of opening and closing such business being the times used as the 
basis of the return as established in this Section. And he shall also list at 
their full value all machinery, tools, implements, fij:tures and engines used or 
purchased for use in his business (except such as have been appraised for 
taxation as part of the realty), together with all manufactured articles 
which have been on hand and remain unsold for one year or more prior to 
the first day of January of the year in which the return is made ; also all 
the moneys and credits pertaining to said business on hand on said first day 
of Januarj^ : Provided, That all materials provided for use in said business 
shall be estimated as on hand until sold, or remain on hand in a manufac- 
tured state for one year. 

Civ. '12, § 303; Civ. '02, § 274; G. S. 210; R. S. 231; 1882, XVII, 992. 

(356) § 2. Pawnbrokers. — Every pawnbroker, person, or company 
engaged in the business of receiving property on pledge, or as security for 
money or other thing advanced to the pawner or pledger, shall, annually, 
in the month of January, or before the twentieth of February, return, 
under oath, to the Auditor of the county in which his place of business is 
located, the average monthly value of all property pawned or pledged to 
him during the year ending January first of the year in which the return 
shall be made, or, if engaged in the business for less than a year prior to 
said first day of January, then for such shorter period; and such average 
shall be ascertained by the rule prescribed in this Chapter for ascertaining 
the average value of the property of manufacturers, and taxes charged on 
such average value as upon other property at the same place. 

Civ. '12, § 803; Civ. "02, § 274; G. S. 210; R. S. 231; 1882, XVII, 992. 

(357) § 3. Mines and Mining Claims. — All personal property used in 
connection with mines and mining claims, and all land not actually mined 
connected with mines and mining claims, shall be. assessed for taxation and 
taxed as is done in the case of all other personal and real estate. In all 
cases where land is actually mined, such land shall not be assessed for taxa- 
tion or taxed, but, in lieu thereof, the gross proceeds alone of such mines 
and mining claims shall be assessed and taxed. And such gross proceeds 
shall be ascertained and determined by the cash market value of the mate- 
rial mined. 

Civ. '12, § 304; Civ. '02, § 275; G. S. 211; R. S. 231; 1882, XVII, 1004; 1909, XXVI, 71. 



CIVIL CODE OF SOUTH CAROLINA 155 

ARTICLE VI. 

State Tax Commission — Its Powers and Duties. 

(358) § 1. Tax Commission Created. — That in order to effectively carry 
into execution the equitable assessment of propertj^ for taxation, there is 
hereby created a Commission composed of three members to be known as 
the South Carolina Tax Commission. 

1915, XXIX, 125. 

Oals V. Fountain, 113 S. C. 372; 103 S. E. 830. 

(359) § 2. Appointment of Members of Commission — Term — Removal 
from Office. — The three members first to compose said Commission shall 
be appointed by the Governor, with the advice and consent of the Senate, 
no two of whom shall be chosen from any one Congressional District, if 
practicable, before the adjournment of the session of the General Assembly 
for the j^ear 1915. Of such three members, one shall be appointed and 
designated by the Governor for a term ending on -the first day of February, 
1922 ; one for a term ending on the first day of February, 1920, and one for 
a term ending on the first day of February, 191S, or until their successors 
shall be appointed and shall qualify. Upon the expiration of the terras, 
respectively, of the three Commissioners first appointed and designated as 
aforesaid, each succeeding Commissioner shall be appointed by the Gov- 
ernor, with the advice and consent of the Senate, at a regular session of the 
General Assembly, and the term of office of such succeeding Commissioner 
shall be for six years, or until his successor shall have been appointed and 
shall cpialify. Should a vacancy occur when the General Assembly is not 
in session, it shall be filled by the Governor's appointment for the unexpired 
term, subject to confirmation by the Senate at the next session of the Gen- 
eral Assembly. And said Commissioners, or any of them, may be removed 
by the Governor for cause shown, with the advice and consent of the Sen- 
ate; and if cause for such removal shall arise when the Senate is not in 
session the Governor may suspend one or more of said Commissioners, and 
shall fill the vacancies thus created until the General Assembly shall next 
convene. 

1915, XXIX, 125. 

Oats V. Fountain, 113 S. C. 372; 103 S. E. 830. 

(360) § 3. Qualifications and Duties of Members of Commission — 
Chairman. — The persons to be appointed as members of such Commission 
shall be such as are known to possess knowledge of the siibject of taxation 
and skill in matters pertaining thereto. The Chairman of the Commisision 
shall devote his entire time to the duties of the office, and shall not hold any 
position of trust or profit, engage in any occupation or business interfering 
with, or inconsistent with, his duty, or serve on or imder any committee of a 
political party, or contribute, directly or indirectly, money or other thing 
of value in support of any candidate for office, or to any political organi- 
zation. 

1915, XXIX, 125. 

Oats V. Fountain, 113 S. C. 372; 103 S. E. 830. 

(361) § 4. Oath of Office Prescribed — Compensation, — Governor ShaU 
Designate Chairman. — Each Commissioner within thirty days after notice 



156 CIVIL CODE OF SOUTH CAROLINA 

of his appointment, and before entering ujDon the discharge of the duties 
of his office, shall take, subscribe and file with the Secretary of State the 
oath of office prescribed by the Constitution of the State. The Governor 
shall designate which of the three appointed Commissioners shall act as 
Chairman of the Commission, and such Chairman shall receive an annual 
salary of $2,500.00, payable in the same manner that salaries. of other State 
officers are paid. The two other Commissioners shall receive a per diem 
of five dollars and their actual traveling and hotel expenses while engaged 
in the work of the Commission. 

1915, XXIX, 125; 1916, XXIX, 959. 

Oats i\ Fountain, 113 S. C. 372; 103 S. E. 830. 

(362) § 5. Appointment of Chairman — To Hold Frequent Sessions — ■ 
May Transact Business at Places Other Than Capitol. — The Commission- 
ers hereafter appointed, after having duly qualified, shall elect one of their 
number as Chairman. A majority of said Commissioners shall constitute 
a quorum for transaction. of business and the performance of the duties of 
the Commission. The said Commission shall hold frequent sessions and as 
often as the Chairman or the other two members desire, necessary to the 
transaction of its business, which meetings may be called on twenty-four 
hours ' notice. The Commission may hold sessions, transact business or con- 
duct investigations at any place other than the Capitol in the performance of 
its dvities. 

1915, XXIX, 125. 

Oats !■- Fountaia, 113 S. C. 372; 103 S. E. 830. 

(363) § 6. Appointment of Secretary, Stenographer, Etc. — Duties o^f 
Secretary — Rules. — The Commission may appoint a Secretary and a 
stenographer, and may employ such other persons as experts and assistants 
as may by it be deemed necessary to perform the duties that may be 
required of the Commission, and fix their compensations. The Secretary 
shall keep full and correct minutes of all hearings, transactions and pro- 
ceedings of said Commission and shall perform such other duties as may 
be required by the Commission. The Commission shall have power to make 
all needed rules, not inconsistent with law, for the orderly and methodical 
performance of its duties, and for conducting hearings, appeals and other 
proceedings before it. 

1915, XXIX, 125. 

Oats V. Fountain, 113 S. C. 372; 103 S. E. 830. 

(364) § 7. Office, Furniture, Etc., Provided For.— Necessary Traveling 
Expenses. — The Commission shall keep its office at the Capitol and shall 
be provided with suitable rooms, necessary office furniture, supplies, station- 
ery, books, periodicals and maps, and all necessary expenses shall be audited 
and paid as other State expenses are audited and paid. The Commission- 
ers' Secretary and such experts and assistants as maj^ be employed by the 
Commission shall be entitled to receive from the State their actual neces- 
sary expenses while traveling on the business of the Commission, such 
expenditures to be sworn to by the party who incurred the expenses and 
approved by the Chairman of the Commission, or a majority of the members 
of such Commission. 

1915, XXIX, 125. 

Oats r. Fountain. 113 S. C. 372; 103 S. E. 830. 



CIVIL CODE OF SOUTH CAROLINA 157 

(365) § 8. State Board of Equalization and State Board of Assessors 
Abolished — Powers and Authorities of Commission. — It shall be the duty 
of the Commission, and it shall liave the power and authority to have and 
exercise all the powers heretofore conferred by law upon the State Board 
of Equalization and upon the State Board of Assessors, which two last 
mentioned Boards are abolished, and said Commission shall have and exer- 
cise: 

(1) General supervision over the administration of the assessment and 
tax laws of the State, over all Boards of Assessors and Equalization and all 
other assessing officers in the performance of their duties to the end that all 
assessments of j^roperty be made relativelj' just and equal in compliance 
with the laws of this State; to prepare suitable forms for the listing of 
property each year, and to arrange and classify the items of all property 
in such groups and classes, and from time to time change and separate or 
consolidate the same as it may deem advisable for securing more accurate 
information concerning, and the more perfect listing and valuation of, all 
property of the State. 

(2) To confer with, advise and direct Assessors, Boards of Equalization 
as to their duties under the laws of the State, and to that end, call meetings 
of all Assessors in each county, to be held at the county seat of such county, 
or elsewhere, most convenient, or at the Capitol, for the purpose of neces- 
sary instruction from the Commission as to the law governing the assess- 
ment and taxation of all classes of property, and to formulate and prescribe 
rules to govern such Assessors and Boards of Equalization in the discharge 
of their duties, which rules shall be obeyed and carried out by such Asses- 
sors and Boards of Equalization. 

(3) To direct proceedings, actions and prosecutions to be instituted to 
enforce the laws relating to laenalties, liabilities and punishment of public 
officers and officers and agents of corporations for failure or neglect to 
comply with the provisions of the laws of this State governing the assess- 
ment and taxation of property and such rules, etc., and to cause complaints 
to be made against Assessors or Boards of Equalization or other assessing 
and taxing officers to the proper authority for their removal from office for 
official misconduct or neglect of dutJ^ 

(4) To require the Attorney General or Circuit Solicitor to assist in the 
commencement and prosecutions of actions and proceedings for penalties, 
forfeitures, removals and punishment for violation of the laws of this State 
in respect to the assessment and taxation of property in their respective 
districts or counties. 

(5) To require town, city, county and other public officers to report 
information as to the assessment of property, collection of taxes, receipts 
from licenses and other sources, and such other information as may be 
needful in the work of the Commission, in such form and upon such blanks 
as the Commission may prescribe. 

(6) To require individuals, partnerships, companies, associations and 
corporations to furnish information concerning their capital, bonded or 
other debts, current assets and liabilities, value of property, earnings. 



158 CIVIL CODE OF SOUTH CAROLINA 

operating and other expenses, taxes and other facts which may be needful 
for the Commission to ascertain the valne and relative tax burden boriie by 
all kinds of property in the State. 

(7) To summon witnesses to appear and give testimony and to produce 
records, books, papers and documents relating to any matters which the 
Commission shall have authority to investigate or determine. 

(8) To cause the deposition of witnesses residing within or without the 
State or absent therefrom to be taken upon notice to the interested party, 
if any, in like manner that deposition of witnesses are taken in civil actions 
pending in the Circuit Court in any manner which the Commission shall 
have authority to investigate or determine. 

(9) One or more members of the Commission may visit any of the coun- 
ties in the State to investigate the work of all Assessors and all taxing 
officers in the assessment, equalization and taxation of all property subject 
to taxation. 

(10) To carefully examine into all cases where evasion or violation of the 
laws of the State relating to the assessment and taxation of property is 
complained of or discovered and into all cases where property subject to 
taxation has not been assessed, or has been fraudulently, or for any reason, 
improperly or unequally assessed, or the laws in any manner evaded or 
violated, and to cause to be instituted such proceedings as will remedy 
improper or negligent administration of the taxing of the property of the 
State. 

(11) To formulate and recommend such legislation as may be deemed 
expedient to prevent evasions of assessments and taxing laws, and to secure 
just taxation and improvements in the system of taxation in this State. 

(12) To consult and confer with the Governor of the State upon the sub- 
ject of taxation, the administration of the laws in relation thereto, and the 
progress of the work of the Commission, and to furnish the Governor from 
time to time such reports, assistance and information as he may require; 
to transmit to the Governor, and to each member elected at the last preced- 
ing election to the Legislature, thirty days before the meeting of the Legis- 
lature, the report of the Commission showing all taxable property in the 
State, and the value of the same in tabulated forms, with such other infor- 
mation as may be advisable, with recommendations for improvement in the 
system of taxation in the State, together with such measures as may be 
formulated for the consideration of the Legislature. 

(13) To require County Auditors to place upon the assessment rolls 
omitted property which may be discovered to have for any reason, in whole 
or in part, escaped assessment and taxation in the current or pre-^dous 
years. 

(14) To order reassessment of real and personal property, or any class 
or classes of either, in any assessment district, when, in the judgment of 
said Commission, such reassessment is advisable or necessary to the end 
that any aiad all classes of property in such assessment district shall be 
assessed in compliance with the law, and for that purpose may require the 
Assessors making the original assessment to make such reassessment ; or if 



CIVIL CODE OF SOUTH CAROLINA 159 

said Commission deem it advisable it may appoint a special County Asses- 
sor and the Deputy Assessors under liim to reassess all or any real and 
personal property, or any class or classes of either, in any assessment dis- 
trict, whether or not the same has been equalized by any Board, or the 
County Board of Equalization, or the Tax Commission. In making such 
reassessment either the Assessor making the original assessment, or Special 
Assessors so appointed, the Assessors shall proceed to carefully examine 
and reassess the property so as to be reassessed, and shall diiplicate the 
lists of such assessments in such form as the Commission may prescribe, 
showing the property and person so reassessed, the amouxit of the original 
assessment thereof made in such year, and opposite the same the reassess- 
ment so made. He shall file both copies of such list with the said Commis- 
sion within the time designated by said Commission. The said Commission 
shall thereupon examine, equalize and correct such reassessment so as to 
substantially conform with the assessment of like property throughout the 
State ; and shall transmit to the County Auditor of the county wherein such 
reassessment was so made, one copy of such reassessment bj^ it so corrected 
and equalized. Such lists shall for all purposes, supersede and be in place 
of the original assessment made for such year upon such property', and the 
County Auditor, upon receipt thereof, shall extend and Ibyj against said 
property so reassessed, the taxes thereon for each year according to such 
reassessment in the same manner as though such list was the original assess- 
ment list of such property: Provided, Nothing in such reassessment pro- 
ceedings shall be construed to prevent any person feeling aggrieved thereby 
to appeal to the State Tax Commission. The compensation allowed such 
Special Assessor or his Deputies shall Be the same as by law allowed Deputy 
Assessors for making the original assessment and payable in the same 
manner. 

(15) To annually make such le^y upon the assessed value of property 
sab.ject to taxation as may be necessary to raise the annual apijropriations 
made by the General Assembly. 

(16) In addition to the powers and duties heretofore imposed upon the 
State Board of Assessors and now imposed upon the South Carolina Tax 
Commission, the said Commission shall also assess and equalize taxable 
values ^^pon the property and franchises of street railway companies, elec- 
trict railway's, water, heat, light and power companies, and private car 
lines, and said companies and private car lines shall make the returns to the 
South Carolina Tax Commission in like time and, so far as may be practi- 
cable, in like manner and form as railroads and other corporations make 
their returns ; and private car lines shall be subject to taxation to be 
assessed in the manner and mode, as nearly as may be, as dining or sleeping 
car companies : Provided, The said Tax Commission shall have power to 
prescribe the manner of making and the form of all returns provided for 
in this subsection whenever the same, in its judgment, is necessary for the 
purposes of carrying out the intention of this Article to impose a reasonable 
tax upon said property and franchises : Provided, further. That failure to 
comply with the pro"^usions of this Article or to pay the required tax shall 
subject all such com])anies, railway and private car lines, where the same is 



160 CIVIL CODE OF SOUTH CAROLINA 

not otherwise provided by law, to penalties and forfeitures to like extent 
and upon like conditions as are railroads for failure to make returns and 
pay the required tax. 

1913, XXIX, 125; 1916, XXIX, 959. 

Oats V. Fountain, 113 S. C. 372; 103 S. E. 830. 

(17) In addition to the powers and duties heretofore imposed upon the 
State Board of Equalization, and now imposed upon the South Carolina 
Tax Commission, the said Tax Commission shall also have and exercise the 
powers hereinafter provided : The returns of all banks, banking corpora- 
tions, insurance and trust companies, and corporations of their property 
and taxable stocks of stockholders therein, as heretofore required to be 
made to the several County Auditors, shall continue to be so made to the 
County Auditor and assessed and equalized by the County Boards as here- 
tofore provided by law, and when so assessed and equalized by the County 
Boards, the said returns shall forthwith be transmitted to the South Caro- 
lina Tax Commission, and said Tax Commission shall have the power and it 
shall be its duty to review, reassess and equalize the same in like manner 
and mode as the State Board of Equalization reviewed, reassessed and 
equalized the returns and assessments of textile, cotton seed oil and ferti- 
lizer companies. 

1915, XXIX, 125; 1916, XXIX, 959. 

Oats V. Fountain, 113 S. C. 372; 103 S. E. 830. 

(18) To exercise and perform such other powers and duties that may be 
granted to, or imposed xipon, the Commission by law. 

1915, XXIX, 125 (17) ; 1916, XXIX, 959. 

Oats V. Fountain, 113 S. C. 372; 103 S. E. 830. 

(366) § 9. Administration of Oaths — Failure or Refusal to Obey Sum- 
mons or Order — Perjury to Testify Falsely — •Compensation of Officers 
and Witnesses. — Oaths to witnesses in any matter under investigation or 
consideration by the Commission may be administered by the Secretary of 
the Commission or by any member thereof. In case any witness shall fail 
to obey any summons to appear before said Commission, or any member 
thereof, or shall refuse to testify, or to answer any question, or to produce 
records, books, papers or documents when required so to do, such failure or 
refusal shall be reported to the Attorney General, who shall thereupon 
institute proceedings in the Circuit Court to compel obedience to any sum- 
mons or order of the Commission. Any person who shall testify falsely in 
any matter under consideration by the Commission shall be guilty of, and 
punished for, perjury; officers who serve summons or subpoenas and wit- 
nesses attending shall receive like compensation as officers and witnesses in 
the Circuit Court : Provided, That such compensation shall be paid by the 
county for whose benefit such investigation is made upon certificate of the 
Tax Commission. 

1915, XXIX, 125. 

Oats ?'. Fountain. 113 S. C. 372; 103 S. E. 830. 

(367) § 10. To CoUeet Statistics Relative to Natural Resources of State 
— To Devise Legislation Necessary for Levying of License Fees, Etc. — To 

ascertain, compile, record and report the statistics relati^'e to the natural 
resources of the State, including school and public land and waters for the 



CIVIL CODE OF SOUTH CAROLINA 161 

purpose of conservation, use and operation and the collection of such roy- 
alties therefrom for State revenue purposes as may now or hereafter be 
provided for by law. To devise and report in favor of such legislation as 
may be deemed necessary and expedient for the levying and collection of 
State purposes of license fees, franchise or charter fees, stamjD taxes, roy- 
alties, privileges and business taxes and other revenues derived from the 
regulation of State affairs and the exercise of the police powers of the State. 

1915, XXIX, 125. 

Oats V. Fountain, 113 S. C. 372; 101 S. E. 830. 

(368) § 11. Equalization. — The State Tax Commission shall have power 
to equalize the assessment of all property in this State between persons, 
firms or corporations of the same assessment district, between cities, towns 
and townships of the same county, and between different counties of the 
State, and the property assessed by the said Commission in the first 
instance. 

1916, XXIX, 959. 

(369) § 12. Tax Board of Review — Appeals — Proceedings. — Whenever 
the Tax Commission shall increase anj' assessment it shall mail or otherwise 
transmit notice thereof to the person affected thereby ; or where as many as 
twenty per cent, of the taxpayers of the county, municipality or tax district 
is affected thereby, to the Chairman of the Board of Equalization of such 
county, municipality or tax district. And said Chairman shall give public 
notice for at least one week in one or more county newspapers, and any per- 
son, firm or corporation feeling aggrieved and desiring a review by the Tax 
Board of Review, or upon the request of any one or more taxpayers of any 
such county, municipality or tax district affected by .such increase, that he 
or they have been aggrieved, the said person, firm or corporation or the said 
Chairman of the County Board of Equalization or any other taxpaying 
citizen shall have the right in behalf of himself and in behalf of all the tax- 
payers of the said county, municipality or tax district as a body to appeal 
to the said Tax Board of Review. Within the ten days after receipt by 
mail or otherwise of such notice of increase by said Tax Commission, the 
said person, firm, corporation or representative of the said countj^ munic- 
ipality or tax district hereinabove provided, shall serve by mail or other- 
wise upon the Chairman of the South Carolina Tax Commission a written 
notice of intention to appeal to the Tax Board of Review together with the 
specific grounds upon which a reversal or modification of the action of the 
Tax Commission is desired; and upon such notice and grounds being 
served, the South Carolina Tax Commission shall transmit to the Tax Board 
of Review all papers, books and documents relating to the matters to be 
reviewed, together with any statement said Commission may desire to make ; 
that upon such notice, exceptions, records and statement the Tax Board 
of Review shall make its findings and shall have the power to affirm, modify 
or reverse the action of the Tax Commission therein. On hearing such 
appeal before the Board of Review, the appellant and the South Carolina 
Tax Commission shall be entitled to a hearing in person or by such attorney 
or attorneys as either appellant or Tax Commission or both may select or 
employ. The said Chairman of the County Board of Equalization shall 



162 CIVIL CODE OP SOUTH CAROLINA 

be paid a per diem of five dollars and actual railroad fare for the neces- 
sary time engaged in the aforesaid appeal, not exceeding five days in any 
one year, to be paid by the county he represents. 
J 916, XXIX, 959. 

(370) § 13. Compensation of Board — Powers and Duties. — The saidf 
Board of Review shall consist of a Chairman and six other members, who 
shall be appointed by the Governor, one from each Congressional District, 
by and with the advice and consent of the Senate. The term of office of the 
Chairman shall be four years and until his successor is appointed and 
qualified. The terms of office of the other six members shall be coterminal 
with that of the Governor appointing them, and until their successors are 
appointed and qualified. It shall be the duty of the Chairman of the Tax 
Board of Review to familiarize himself with the statutes relating to the 
taxation and the procedure of said Tax Commission. He shall preside over 
all meetings of said Board of Review and shall see that the required 
reports to the Governor and to the Tax Commission are promptly made. 
The Chairman shall fix the order of hearing such appeals as may come 
before the Board, and shall, before each meeting of the Board, prepare a 
roster of cases and mail a copy thereof to each appellant. He shall see 
that all records, books and papers necessary to hearing an appeal are in 
order and convenient for the use of the Board of Review. The Tax Com- 
mission shall supply such clerical help to the Chairman as may be neces- 
sary for the prompt discharge of the duties herein provided. Five mem- 
bers of the Board of Review shall constitute a quorum, but it shall take the 
vote of the majority of the whole Board to reverse or modify the State Tax 
Connnission. The said Board of Review may select a Chairman pro tern., 
who, in the absence of the Chairman, may preside over the meetings of the 
said Board of Review. Said Board shall meet in the City of Columbia at 
such time as it may deem necessary, or upon ten days' notice of meeting 
given each member by the said Tax Commission for the disposition of all 
appeals to it : Provided, That whenever the Board of Re'^dew shall modify 
or reverse the South Carolina Tax Commission in any particular, the said 
Board of Review shall make a report to the Governor thereof, which shall 
set forth a full and complete statement of the facts involved, together with 
the reasons upon which such modification or reversal is based. Such 
Board of Review shall also report its conclusions to the South Carolina Tax 
Commission. 

1916, XXIX, 959. 

(371) § 14. Compensation. — The compensation of the members of the 
Tax Board of Review shall be five dollars per daj^ and mileage as paid mem- 
bers of the General Assembly, the per diem not to exceed thirty days in any 
one year : Provided, That the Chairman shall not be limited to thirty days ' 
service in any one year, and he shall also receive actual expenses while 
engaged in the performance of his duties. 
1916, XXIX, 959. 



CIVIL CODE OF SOUTH CAROLINA 163 

ARTICLE VII. 

Special Rules as to Returns and Assessments of Railroad, Express, Tele- 
graph and Insurance Companies, and Provisions as to Other Corpora- 
tions. 

(372) § 1. Railroads and Other Companies of Like Character. — The 

roadbed, right of way, station buildings, toll houses, structures, tools, 
machinery, poles, wires, fixtures, vessels and real estate owned and neces- 
sarily in daily use by any railroad, turnpike, plank road, bridge, telegraph, 
canal or slack water navigation compauj', in the prosecution of its business, 
shall, for the purposes of this Chapter, if the company be organized in this 
State, be treated as personal property. But the lien for taxes .shall attach 
to the propertj' as if the same were real property, and the President, Secre- 
tary or principal accounting officer thereof shall include the value thereof 
in the return of the other personal assets of such company for taxation ; 
which return shall be made in the month of January, or before the twentieth 
of February, annually, to the several Auditors of the counties in which such 
road, canal, bridge, telegraph line, or slack water navigation comjiany may 
be situated, according to the value of such property in each, together with 
a statement of the amount of such assets situate in each city, town, village 
or ward in said counties, respectively; and the value of the movable assets 
of such company shall be apportioned to each town, city, ward or village in 
proportion to the value of the roadbed, canal, slack water navigation, bridge 
or telegraph line in each. 

Civ. '12, § 305; Civ. '02, § 276; G. S. 179; R. S. 233; 1882, XVII, 992. 

Prior to the Constitution of 1895, municipalities were not Ijound bv assessment by the State 
Board. State ex rel. Southern Rwy. Co. v. Talley, 50 S. C. 374, 27 S. E. 803 

Railroad held not liable for taxes, when exempt by its charter, as against bonds having first statu- 
tory lien thereon. Hand i\ R. R. Co., 17 S. C. 519. An assessment to p.iv expenses of Railroad 
Commissioners valid. Charlotte C. & A. R R. Co. !•. Gibbes, 24 S. C. 60; lb., 27 S. C. 385, 4 S. 
E. 49. 

(373) § 2. When Returns Made to the Tax Commission.— The President 
and Secretary of every railroad company whose track or roadbed, or any 
part thereof, is in this State, shall annually, between the first of January 
and twentieth of February, return to the Tax Commission, under their 
oaths, the total length thereof in each county, city, town and incorporated 
village in this State ; the total length of their double track in this State, and 
the length thereof in each county, town, city and incorporated village of 
this State ; the total length of all their sidetracks, and the length thereof in 
each city, county, town or incorporated village in this State, the location 
and value of all their shops, depots, grounds, station houses, wood and water 
stations, buildings, stationary engines, tools, implements and fixtures in 
South Carolina, and all other real estate necessary to the daily running 
operations of the road ; the number and value each of all their locomotive 
engines, passenger, freight, platform, gravel, construction, hand and other 
cars ; the value of their moneys and credits ; the total value of the entire 
road, appurtenances and equipments, and the total value of said road in 
South Carolina, with its appurtenances and equipments. 

Civ. '12, § 306; Civ. '02, § 277; G. S. 180; R. S. 234; 1882, XVII, 993; 1915, XXIX, 125. 

(374) § 3. When Returns Made to County Auditor,— The President and 
Secretary of every railroad company mentioned in the preceding Section 



164 CIVIL CODE OF SOUTH CAROLINA 

shall also, annually, between the first of January and tlie twentieth of 
February, return to the County Auditor of each county in South Carolina 
through or into which such road, or any part thereof, may be located, a 
statement of the value of said road and the property of the company in 
said county, and in each of the towns, cities and villages of said county 
through or into which said road or part thereof is located, in the manner 
and form required by this Chapter in the return to the Tax Commission. 

Civ. '12, § 307; Civ. '02, § 278; G. S. 181; R. S. 235; 1882, XVII, 993; 1915, XXIX, 125. 

(375) § 4. Returns, How Made and Valuation. — In ascertaining the 
value of the road and property of any railroad company, the value of the 
right of way, bed and track of the whole road shall be fixed and such value 
apportioned pro rata to each mile of the main track ; and to the value of the 
number of miles of main track in each town, city or incorporated village 
of each county in this State through and into which said road is located, 
shall be added the value of the real estate, fixtures, stationary engines, tools, 
implements, machinery and other stationary property provided for use in 
the daily operations of the road situate in said town, city or village ; and 
the total value of the rolling stock, moneys and credits shall be apportioned 
pro rata to each mile of the main track of said road, and the amount thereof, 
according to the number of miles of main track in each town, city and vil- 
lage in this State, added to the value of the main track in each town, city 
and village, respectively; and the aggregate value of said road and prop- 
erty in this State, and in each county, city, town and incorporated village 
of this State through or into which said road is located, shall be stated in 
said return. 

Civ. '12, § 308; Civ. '02, § 279; G. S. 182; R. S. 236; 1882, XVII, 993. 

(376) § 5. Returns, How Verified. — The return and oath required of 
officers of railroad companies shall be made in .such form as shall be pre- 
scribed by the Tax Commission. 

Civ. '12, § 309; Civ. '02, § 280; G. S. 183; R. S. 237; 1882, XVII, 994;; 1915, XXIX, 125. 

(377) § 6. When Railroad in Hands of a Receiver, Returns to Be Made 
by Him. — If any railroad, its appurtenances, equipments and property of 
any kind soever shall be in the hands of a receiver or other officer, such 
receiver or other officer shall make the returns required by this Chapter. 

Civ. '12, § 310; Civ. '02, § 281; G. S. 184; R. S. 238; 1882, XVII, 994. 

(378) § 7. The Tax Commission May Question Officers, Examine Books, 
Etc. — The Tax Commission, or any person appointed by them for that pur- 
pose, may put any question, in writing, thej^ may deem proper to any officer, 
agent or receiver of any railroad company having any portion of its track 
in this State ; and they may summon any officer, receiver or agent of such 
company to appear before them and testify, under oath, touching such rail- 
road company's property, and the management and disposition thereof; and 
they may, by themselves or some person appointed by them, examine the 
books and papers of such company in the hands of the company, or any of its 
officers, agents or receivers ; and all such officers, agents and receivers shall 
answer, under oath, all such questions as shall be put to them, or either of 



CIVIL CODE OP SOUTH CAKOLINA 165 

them, by said Tax Commission or any person appointed by them for that 
purpose, relative to the condition, amount and value of said company's 
property and the management or disposition thereof. 

Civ. '12, § 311; Civ. '02, § 282; G. S. 185; R. S. 239; 1882, XVII, 994; 191-5, XXIX, 125. 

For violation of this section, see Criminal Code. 

(379) § 8. Proceedings in Cases of No Return — Penalty — Auditors to^ 
Be Certified. — If any railroad company, or its officers, shall fail to make 
the returns to the Tax Commission and to each County Auditor in each 
county in which such railroad or part thereof may be located, as herein 
required, on or before the twentieth day of February, annually, the Tax 
Commission shall proceed to ascertain the value of said company's road 
and property according to the principles prescribed herein from the best 
information they can conveniently obtain, and add thereto fifty per centum 
as penalty, and apportion the same to the several counties, towns, townships, 
cities and incorporated villages through or into which said road or any 
part thereof may be located, and the Tax Commission shall certify the 
same to the several County Auditors, who shall place the same on their 
duplicates for taxation. 

Civ. '12, § 314; Civ. '02, § 285; G. S. 188; R. S. 242; 189T, XXII, 453; 1915, XXIX, 125. 

(380) § 9. Proceedings to Test Right of Railroad Companies to Exemp- 
tion from Taxation. — The Attorney General is hereby directed to proceed 
to institute proceedings to test the right of any railroad company in this 
State to an exemption from taxation if in his .judgment he thinks it proper 
to do so. 

One Action for All Taxes. — The State, in such ease, may bring one 
action for all taxes due. State, county, "ordinary" and "special," and 
recover the whole in one proceeding. 

Distribution of Taxes Recovered. — Any taxes so recovered shall, after 
paying the expenses of collection, be distributed amongst the State and 
counties interested, according to the respective interests of each under their 
respective levies for the year for which recovery is made. 

Right op Compromise. — The Tax Commission, on behalf of the State, 
and the Supervisors of the counties and the attorneys representing them 
in any such proceeding, on behalf of the counties, shall have the right to 
compromise and settle with any such railroad companies as may be pro- 
ceeded against under this Section on such basis as they shall deem proper 
and just. 

Inapplicability of Other Parts of Code to Proceedings. — Nothing 
contained in Chapter III, Title II, Part II of the Code of Civil Procedure 
shall apply to any action or proceeding instituted under this Section. 

Other Remedies Not Impaired. — Nothing in this Section shall be con- 
strued to impair any other remedy than those herein provided which the 
State or any of its agents or the counties now have for the collection of any 
such taxes. 

Civ. '12, § 315; Civ. '02, § 286. 

The Circuit Court has jurisdiction of an action brought under this Section, and the complaint must 
show that the tax has been legally assessed. State v. Cheraw and D. Ry. Co , 54 S. 0. 564, 32 
S. E. 691. 



166 CIVIL CODE OF SOUTH CAROLINA 

(381) § 10. Assessment and Valuation of Railroad Property — Not on 

Tax Books. — When railroad property has not been returned nor assessed 
for anj' year, and not put on the tax books for such year or years, and no 
taxes were paid thereon, and more than a j^ear has elapsed since taxes for 
such years, if assessed at the proper time, would have been due, the said taxes 
shall be assessed by the Tax Commission, which shall be convened in extra 
session for such purpose, on the petition of any County Supervisor in 
whose county any part of such railway may lie. 

Such Commission shall fix the value of said road for each year in which 
it shall appear that said road has been off the books, separately, and its 
valuation, and this, with the number of miles in each county, shall be 
certified to the respective County Auditors, as the valuation of railroad 
property is done when regularly returned and assessed. 

Auditor to Enter Assessment in Tax Books. — Said Auditor shall enter 
the said assessment each year separately in the tax books in his office for 
the respective years, and charge the taxes on said assessment under the 
levies for those years, as if they had been assessed and levied at the usual 
time; and he shall furnish a certified statement to the County Treasurer, 
showing the j^roperty taxed, the value of the same, and the amount due for 
each year separately. 

Treasurer to Demand Taxes. — The Treasurer shall immediately^ demand 
the said taxes of the company in default; or, if he find the property in 
control of another company, demand shall be made of the company which 
he finds in the possession of the property. 

Suits May Be Brought for Collection op; When and How. — Said 
taxes shall become due as soon as said demand is made, and if they are not 
paid within sixty days from the demands made, there may be an action 
brought in the name of the State, by the Attorney General, and such coun- 
sel as the counties interested may employ, against the company in default, 
and any company which may be in possession of the propertj^ which has 
escaped taxation, for the recovery of said taxes ; and suit may be brought 
for each year separately, or for all the years consolidated. 

Limitation of Assessment. — The assessment herein provided for shall be 
limited to the period of ten years immediately preceding the restoration of 
said railroad proi^erty to the tax books, and no recovery shall be had here- 
under for a longer period than ten years. 

Civ. '02, § 287; 1900, XXIII, 354. 

The Provisions of This Section Shall Not Apply to any raili-oad prop- 
erty which maj' be hereafter adjudged by the courts to be exempt by law 
from the taxes which maj^ be assessed against it under this Section. 

1901, XXIII, 871. 

Other Remedies Not Impaired. — Nothing herein contained shall be con- 
strued to impair in any way the right of the State, of any of its officers or 
agencies, to collect such taxes in any other method provided by law. 

Civ. '12, § 316; 1900, XXIII, 355. 



CIVIL CODE OF SOUTH CAROLINA 167 

(382) § 11. Telegraph Companies Defined. — Any joint stocli a.ssocia- 
tion, companj', copartnership or cor]ioration, wliether incorporated under 
the laws of this State, or of any other State, or of any foreign nation, 
engaged in transmitting to, from, through, in or across tlie State of South 
Carolina telegraphic messages, shall be deemed and held to be a telegraph 
company. 

Civ. '12, g .317; Civ. '02, S 288; 1898, XXII, 713. 

(383) § 12. Express Companies Defined. — Every joint stock association, 
company, copartnership or corporation incorx^oratecl or acting under the 
laws of this or any other State, or any foreign nation, engaged in conveying 
to, from, through, in or across this State, or any part thereof, money, pack- 
ages, gold, silver, plate, merchandise, freight or other articles, under any 
contract, exjjress or implied, with any railroad company, or the managers, 
lessees, agents or receivers thereof, provided such joint stock association, 
company, copartnership or corporation is not a railroad company, shall be 
deemed and held to be an express company within the meaning of this 
Article. 

Civ. '12, § 318; Civ. '02, § 289; 1898, XXII, 713. 
Southern Express Co. v. Hood, 15 Rich. 66. 

(384) § 13. Sleeping Car Companies Defined. — Every joint stock asso- 
ciation, company, copartnership or corporation incorporated or acting 
under the laws of this or anj^ other State, or of any foreign nation, and 
conveying to, from, through, in or across this State, or any part thereof, 
passengers or travelers in palace cars, drawing-room cars, .sleeping cars, 
dining cars, or chair cars, under any contract, express or implied, with any 
railroad company, or the managers, lessees, agents or receivers thereof, shall 
be deemed and held to be a sleeping car company for the purposes of this 
Article. 

Civ. '12, § 319; Civ. '02, § 290; 1898, XXII, 713. 

(385) § 14. Verified Statements of Telegraph, Telephone, Express and 
Sleeping Car Companies to Tax Commission. — Every sueli telegraph, 
express, sleeping car, and every telephone company doing business in this 
State, whether incorporated under the laws of this State, or of any other 
State, or of any foreign nation, shall annually, between the first day of 
January and the twentieth day of February, make out and deliver to the 
Tax Commission of this State a statement, verified by the oath of the officer 
or agent of such company making such statement, with reference to the 
thirty-first day of December next preceding, showing : 

Fii'st. The total capital stock or capital of said association, copartnership 
or corporation. 

Second. The number of shares of capital stock issued and outstanding, 
and the par or face value of each share ; and in case no shares of capital 
stock are issued, in what manner the capital thereof is divided, and in what 
manner such holdings are evidenced. 

Third. Its principal place of business. 

Fourth. The market value of the said shares of stock on the first day of 
December next preceding, and if such shares have no market value, then the 



168 CIVIL CODE OF SOUTH CAROLINA 

actual value thereof ; and in case no shares of stock have been issued, state 
the market value, or the actual value in case there is no market value, of the 
capital thereof, and the manner in which the same is divided. 

Fifth. The real estate, structures, machinerj', fixtures and appliances 
owned by said association, company, copartnership or corporation, and 
subject to local taxation within the State of South Carolina, and the location 
and assessed value thereof in each county or township where the same is 
assessed for local taxation. 

Sixth. The specific real estate, together with the improvements thereon, 
owned by said association, company, copartnership or corporation, situate 
outside the State of South Carolina, and not used directly in the conduct of 
the business, with a specific description of each piece, where located, the 
purpose for which the same is used, and the sum at which the same is 
assessed for taxation in the locality where situate. 

Seventh. All mortgages upon the whole or any part of its property, 
together with the dates and amounts thereof. 

And in the case of telegraph and telephone companies : 

Eighth, (a) The total length of the lines of said association or company. 

(b) The total length of so much of their lines as is outside the State of 
South Carolina. 

(c) The length of the lines within each of the counties and townships 
within the State of South Carolina. 

And in the case of an express company : 

Eighth, (a) The total length of the lines or routes over which such asso- 
ciation, company, copartnership or corporation transports such merchan- 
dise, freight or express matter. 

(b) The total length of such lines or routes as are outside the State of 
South Carolina. 

(c) The length of such lines or routes within each of the counties or 
townships within the State of South Carolina. 

And in the case of a sleeping car company : 

Eighth, (a) The total length of the main lines of all the railroad com- 
panies over which said cars are rim. 

(b) The total length of so much of the main lines of all the railroad com- 
panies over which said cars are run as is outside the State of South Caro- 
lina. 

(c) The length of the lines of said railroad companies over which said 
cars are run within each of the counties and townships within the State of 
South Carolina: Provided, That where the railroads over which said lines 
run have double tracks, or a greater number of tracks than a single track, 
the statement shall only give the mileage as though such tracks were but a 
single track ; and in case the Tax Commission shall require it, such state- 
ment shall show in detail the number of miles of each or any particular 
railroad system or division. 

Civ. '12, § 320; Civ. '02, § 291; 1898, XXII, 713; 1915, XXIX, 125. 



CIVIL CODE OF SOUTH CAROLINA 169 

(386) § 15. Tax Commission to Examine Statements — Duties of in Eela- 
tion Thereto, Etc. — Upon the filing of such statements, the Tax Commis- 
sion siiall examine them, and each of them, and if they shall deem the same 
insuiificient, or in case they shall deem that other information is requisite, 
they shall require such officer to make such other and further statements as 
said Tax Commission may call for. In case of the failure or refusal of any 
association, company, copartnership or corporation to make out and deliver 
to the Tax Commission any statement or statements required by Sections 
11 to 19, inclusive, of this Article, such association, company, copartnershiiD 
or corporation shall forfeit and pay to the State of South Carolina one hun- 
dred ($100j dollars for each additional day such report is delaj'ed be.yond 
the twentieth day of February, to be sued and recovered in any proper 
form of action in the name of the State of South Carolina on the relation 
of the Tax Commission, and such penalty, when collected, shall be paid into 
the general fund of the State. 

Civ. '12, § 321; Civ. '02, § 292; 1898, XXII, 713, § 5; 1915, XXIX, 125. 

(387) § 16. Auditors May Require Agents to Report, Etc. — To enable 
said County Auditors to properly api^ortion the assessments between the 
several townships, they are authorized to require the agent of said associa- 
tion or company to report to them, respectively, under oath, the length of 
the lines in each township, and the Auditor shall thereupon add to the value 
so apportioned the assessed valuation of the real estate, structures, machin- 
ery, fixtures and appliances situated in any township, and extend the taxes 
thereon upon the duplicates, as in other eases. 

Civ. '12, § 326; Civ. '02, § 297; 1898, XXII, 71.3, § 10. 

(388) § 17. Actions for Penalty for Failure or Refusal to Pay Taxes — 
Distribution. — In case any such association, copartnership or corporation as 
named in Sections 11 to 14, inclusive, shall fail or refuse to pay any taxes 
assessed against it in any county or township in the State, in addition to 
other remedies provided by law for the collection of taxes, an action may 
be prosecuted in the name of the State of South Carolina by the Solicitors 
of the different Judicial Circuits of the State on the relation of the Audi- 
tors of the different counties of this State, and the judgment in said action 
shall include a penalty of fifty per cent, of the amount of taxes as assessed 
and unpaid, together with reasonable attorney's fees for the prosecution of 
such action, which action may be prosecuted in any county into, throiigh, 
over or across which the line or route of any such association, copartnership, 
company or corporation shall extend, or in any county where such associa- 
tion, company, copartnership or corporation shall have an ofiiee or agent 
for the transaction of business. In case such association, company, copart- 
nership or corporation shall have refused to pay the whole of the taxes 
assessed against the same by said Tax Commission, or in case such associa- 
tion, company, copartnership or corporation shall have refused to pay the 
taxes, or any portion thereof assessed to it in any particular county or 
counties, township or townships, such action may include the whole or any 
portion of the taxes so unpaid in any county or counties, township or town- 
ships ; but the Attorney General may, at his option, unite in one action the 
entire amount of the tax due, or may bring separate actions in each sepa- 



170 CIVIL CODE OF SOUTH CAROLINA 

rate county or township, or join counties and townships, as he may prefer. 
All collection of taxes for or on account of any particular county made in 
any such suit or suits shall be by said Comptroller General accounted for as 
a credit to the resiDCctive counties for or on account of which such collec- 
tions were made by said ComiDtroller General at the next ensuing settlement 
with such county ; but the penalty so collected shall be credited to the gen- 
eral fund of the State; and upon such settlement being made, the Treas- 
urers of the several counties shall, at their next settlement, enter credits 
upon the proper duplicates in their offices, and at the next settlement with 
such county report the amount so received by him in his settlement with the 
State, and the proper entries shall be made with reference thereto : Pro- 
vided, however, That in anj;- such action the amount of the assessment fixed 
by said State Tax Commission, and apportioned to such county, or appor- 
tioned by the County Auditor to any particular township, shall not be con- 
troverted. 

Civ. '12, § 32T; Civ. '02, § 298; 1898, XXII, 713, § 11; 191.5, XXIX, 125. 

(389) § 18. Special Provisions as to Past Due Taxes on Such Companies. 

— All monej's now due the State, or ^\'liich may become due on the 20th day 
of February, 1898, or at any other time, on account of any assessment or 
charge made against any of the joint stock associations, persons, companies 
or corporations on account of per cent, on gross or net earnings for the pre- 
ceding year or years, and all penalties and charges thereon growing out of 
any failure to make reports on payments as now required by the provisions 
of any Act repealed hereby, shall be paid and collected under the provisions 
of said repealed Acts the same as if said Acts were not repealed ; and any 
suit brought for the recovery of such money, taxes or penalties shall be 
begun under the provisions of said repealed Acts and prosecuted to final 
judgment thereunder in all respects, the same as if said Acts were continued 
in full force ; and it is hereby expressly provided that all the rights of the 
State accrued, or which may accrue on the 20tli day of February, 1898, on 
account of receipts for the preceding years, are hereby saved from the 
operations of the aforesaid repealing clause. 

Civ. '12, § 328; Civ. '02, § 299; 1898, XXII, 713, g 11. 

(390) § 19. Penalty for Failure of Companies to Make Statements. — If 

any express, telegraph, telephone or sleeping car company shall fail to 
make and deliver to the Tax Commission the statement required in this 
Chapter on or before the 20th day of February, annually, such company 
shall forfeit and pay to the State of South Carolina five hundred dollars as 
a penalty ; and the Tax Commission shall certify the fact of such failure to 
the Auditor of any county in this State in which said company may have an 
office or agent, and said Auditor shall place the same on the duplicate of 
said county ; and if any express or telegraph company shall fail to make to 
the Auditor of any county in this State the statement required by this 
Chapter on or before the 20th day of February of any year, such County 
Auditor shall notify the Tax Commission thereof ; and if the Tax Commis- 
sion shall have received from said company the statement required to be 
made to it by said company, said Commission shall certify the amount 
returned as in said county to such County Auditor, and add thereto, as 



CIVIL CODE OF SOUTH CAROLINA 171 

penalty, the sum of ten dollars, which shall be charged to said company on 
the duplicate of said county, collected and paid over to the State Treasurer, 
in the same manner herein provided as to the penalty for not making; the 
return to the Tax Commission : Provided, That if any express or telegraph 
company shall fail to return the statement required by this Chapter to the 
Tax Commission, and the Tax Commission shall certify such failure to any 
Count.y Auditor, such County Auditor shall proceed to ascertain the gross 
receipts of each agent of said company in his county for the year ending 
the first day of January of that year, together with the value of all other 
property of the company in his county, add fiftj^ per cent, thereto as pen- 
alty, and charge the company with taxes thereon at the several localities 
required bj^ this Chapter, without any reduction for expenses paid out by 
the company. And if such company shall have no principal office or agency 
in this State to which the other agents in the State are required to make 
return, each agent thereof in any county shall make return in the month 
of January on or before the 20th of February, annually, of the gross 
receipts of his agency for the year ending the first day of that month, with 
the value of all other property of the company in the city, village or to^\Ti 
in which his agency is situate, and the County Auditor shall charge the 
company with taxes thereon at the same rate as other property in the same 
localities ; and if such agent or agents refuse or neglect to make such return, 
the County Auditor shall ascertain the amount of such gross receipts and 
value of property, add fifty per cent, thereto as penalty, and charge such 
company with taxes thereon at the same rates charged other property at the 
several localities where such property may be situate and such agencies 
located. 

Civ. '12, § 329; Civ. '02, § 300; G. S. 190; R. S. 2-14; 1882, XVII, 997; 1915, XXIX, 125. 

(391) § 20. Form of Return of Foreign Express, Telegraph, Telephone 
and Sleeping Car Companies. — All returns required to be made by express, 
sleeping car and telephone and telegraph companies having their principal 
offices out of this State, shall be made in such form as the Tax Commission 
shall prescribe; and the Tax Commission is authorized to require answers, 
under oath, to any questions he may put to the principal, or any other agent 
of anj^ of said companies in this State, and to examine any of such agents, 
under oath, relative to the property and affairs of such companies, and the 
management thereof, which oath he may administer. 

Civ. '12, § 330; Civ. '02, § 301; G. S. 191; R. S. 245; 1882, XYII, 998; 1915, XXIX, 125. 

(392) § 21. Return of Domestic Insurance Companies. — Every insur- 
ance company organized under the laws of this State shall return all its 
personal property, moneys, credits (including notes taken on subscription 
of stock), investments in bonds, stocks, securities and assets of every kind 
for taxation at the place where its principal office is located. 

Civ. '12, § 331, Civ. '02, § 303; G. S. 193; R. S. 247; 1882, XVII, 999. 

(393) § 22. Return of Domestic Corporations Owming Property in Other 

States. — Any company or corporation organized under the laws of this 
State, and owning property in any other State or county, as well as in this 
State, shall not be required to return its capital for taxation in this State, 



172 CIVIL CODE OP SOUTH CAROLINA 

but shall return such property as it owns in this State, and such proportion 
of the value of its other property as if owned by the individual residents 
of this State, would be taxable in this State ; and if such return be made by 
such company, the shareholders therein shall not be required to return 
their shares for taxation. 

Civ. '12, § 332; Civ. '02, § 304; G. S. 194; R. S. 248; 1882, XVII, 999. 

(394) § 23. Domestic Corporations Owning No Property in the State. — 

A corporation organized under the laws of this State, but owning no prop- 
erty in this State, shall not be required to return its capital for taxation in 
this State. 

Civ. '12, § 333; Civ. '02, § 305; G. S. 19.5; R. S. 249; 1882, XVII, 999. 

(395) § 24. How Property of Corporations Listed. — All companies and' 
corporations, whether organized under the laws of this State or not, the 
maimer of listing whose personal property is not otherwise specifically pro- 
vided for by law, shall list for taxation all their personal and real property 
and effects at the same time, in the same manner, and in the same localities 
as individuals are required to list similar property and effects for taxation. 

Civ. '12, § 334; Civ. '02, § 306; G. S. 196; R. S. 250; 1882, XVII, 999. 

(396) § 25. Corporations Organized as WeU Under Laws of This as of 
Another State — Taxes. — Any company incorporated under a joint charter 
gi-anted by this and some other State or States, and the manner of taxing 
which, or the amount upon which it shall be taxed, or the specific propor- 
tioji of its capital or property upon which taxes shall be assessed in South 
Carolina, is prescribed or fixed in its charter, shall be assessed for taxa- 
tion and taxed as prescribed in this Chapter until otherwise legally pro 
vided. 

Civ. '12,- § 335; Civ. '02, § 30T; G. S. 197; R. S. 251; 1882, XVII, 1000. 

(397) § 26. Refusal to Pay Works a Forfeiture. — Whenever any cor- 
poration chartered under the laws of this State shall, within thirty days 
after the time required and permitted by law for taxes to be paid, with or 
without penalty, as now required by law, refuse, neglect or omit to pay the 
taxes for State and county purposes, as assessed and levied upon the prop- 
erty of such corporation, the charter of such corporation, with all the rights, 
privileges and franchises thereunder, shall become and be deemed forfeited, 
and the corporate existence of such corporation shall be annulled. 

Attoenet General to Being Action to Annul Act of Incoeporation. 
— In every such case it shall be the duty of the Attorney General, and he is 
hereby required, to bring an action against such corporation for the pur- 
pose of vacating and annulling the Act incorporating such corporation and 
all Acts amendatory or in renewal thereof in the manner prescribed by 
Title XIII, Chapter II of the Code of Civil Procedure of this State. 

Civ. '12, § 336; Civ. '02, § 308; 1893, XXI, 395. 



CIVIL CODE OF SOUTH CAROLINA 173 

ARTICLE VIII. 

Special Rules as to Persons, Firms or Corporations Engaged in Textile 
Industries, Canals Providing Power for Rent or Hire, and Cotton 
Seed Oil Companies and Fertilizer Companies, and Banks Incorpo- 
rated in This State Which Have Branches in More Than One County. 

(398) § 1. Returns of Textile Fabric, Power, Canal, Cotton Seed Oil, 
Fertilizer and Certain Banking Companies. — i^ll individuals, firms or cor- 
porations engaged, or tliat may be hereafter engaged in this State, in tlie 
manufacture of textile fabrics of any kind, and canals providing power for 
rent or hire, and cotton seed oil companies and fertilizer companies, and 
banks incorporated in this State which have branches in more than one 
county, shall make their returns of property belonging to or connected with 
siich manufacture, as usual, for taxation, to the Auditor of the county in 
which the propertj^ is situate, and after the same shall be passed on by the 
Township and County Boards of Equalization they shall forward all such 
returns, with such comments and suggestions as he shall see fit, to the Tax 
Commission as soon as the time for making returns has expired. 

Civ. "12, § 33T; Civ. '02, § 309; 1901, XXIII, 613; 1909, XXVI, 36; 1915, XXIX, 125. 

(399) § 2. Certificate to Auditor. — When said Tax Commission shall 
have finally acted on said returns, their actions shall be certified to the 
Comptroller General, who shall transmit the same, in so far as it affects the 
property of any county, to the Auditor of said county, who shall enter the 
same, according to law, on the tax books of his county. 

Civ. '12, § 310; Civ. '02, § 312; 1915, XXIX, 125. 



ARTICLE IX. 



Special Rules as to Banks and Bank Stock and Unincorporated Bankers 
and Banking Associations. 

(400) § 1. Bank Stocks. — All shares of the stockholders in any bank or 
banking association, located in this State, whether now or hereafter incor- 
porated or organized under the laws of this State, or of the United States, 
shall be listed at their true value in monej', and taxed in the city, ward, 
town or incorporated village where such bank is located, and not elsewhere : 
Provided, That the words "true value in money," as used in this Section, 
shall be so construed as to mean and include all surplus or extra moneys, 
capital and every species of personal propertj- of value owned or in the pos- 
session of any such bank. 

Civ. '12, § 341; Civ. '02, § 313; G. S. 198; R. S. 233; 1882, XVII, 1000. 

National Union Bank of Rock Hill et al v. Neil, York County Treasurer; First Trust and Savings 
Bank of Rock Hill i>. Same, 106 S. C. 173, 90 S E. 744'; Carolina National Bank of ColumWa i) 
Spigner, Richland County Treasurer, 106 S. C 135, 90 S. E. 748. 

(401) § 2. Real Estate of Banks.^ — ^The real estate of any such bank or 
banking association shall be taxed in the place where the same may be 
located, the same as the real estate of individuals. 

Civ. '12, § 312; Civ. '02, § 314; G. S. 199; R. S. 254; 1882, XVII, 1000. 

Carolina Nat. Bank of Columbia r. Spigner, Richland County Treasurer, 106 S. 0. 185, 90 S. E. 



174 CIVIL CODE OF SOUTH CAROLINA 

(402) § 3. Must Keep List of Shareholders and Depositors. — 'Tliere" 
shall at all times be kept in the office where the business of such bank or 
banking association is transacted, a full and correct list of the names and 
residences of the stockholders therein, and the number of shares held by 
each; also a list of all persons, parties, corporations or agents who may at 
any time have anj^ deposit, either personal or general, in such bank, which 
shall be at all times during business hours open to the inspection of all State 
and county officers who are or may be authorized to list or assess the value 
of such shares for taxation. 

Civ. '12, § 343; Civ. '02, § 315; G. S. 200; R. S. 255; 1882, XVII, 1000. 

(403) § 4. Time of Return to Auditor of Shareholders and of Real Estate 
of Banks. — It shall be the duty of the President and Cashier of every such 
bank or banking association, between the first of January and 20th of Feb- 
ruarj^, annually, to make out and return, under oath, to the Auditor of the 
county in which such bank or banking association may be located, a full 
statement of the names and residences of the stockholders therein, with the 
number of shares held by each, and the actual value in money of such 
shares, together with a description of the real estate owned by said bank. 

Civ. '12, § 344; Civ. '02, § 316; G. S. 201; R. S. 256; 1882, XVII, 1000. 

(404) § 5. How Tax Assessed and Apportioned Among Shareholders. — 

The Auditor of the county in which any such bank or banking association 
may be located, upon receiving the return provided for in the preceding 
Section, shall deduct from the actual total value of the shares in anj' such 
bank or banking association the appraised value of the real estate owned by 
such bank or banking association, as the same stands assessed on the dupli- 
cate, and the remainder of the total value of such shares shall be entered on 
the duplicate of the county in the names of the owners thereof in amounts 
proportioned to the number of shares owned by each, as returned on said 
sworn statement, and be charged with taxes at the same rate as charged 
upon the value of other personal property at the place where such bank or 
banking association is located. 

Civ. '12, § 345; Civ. '02, § 317; G. S. 202; R. S. 257; 1882, XVII, 1000. 

(405) § 6. Tax a Lien on Shares — Any taxes assessed on any such shares 
of stock, or the value thereof, in manner aforesaid, shall be and remain a 
lien on such shares from the first day of June in each year until such taxes 
are paid ; and, in case of the nonpaj'ment of such taxes at the time required 
by law by any shareholder, and after notice received of the County Treas- 
urer of the nonpayment of such taxes, it shall be unlawful for the cashier 
or other officers of such bank or banking association to transfer, or permit to 
be ti-ausferred, the whole or any portion of said stock until the delinquent 
taxes thereon, together with the costs and penalties, shall have been paid in 
full; and no dividend shall be paid on an.y stock so delinquent so long as 
such taxes, penalties and costs, or any part thereof, remain due or unpaid. 

Civ. '12, § 346; Civ. '02, § 318; G. S. 203; R. S. 258; 1882, XVII, 1001. 

(406) § 7. Banks Required to Pay Taxes on Stock.- — All banks or bank- 
ing associations, chartered and doing business under the laws of this State, 
shall ])ay to the proper tax collecting officer of the county, city or munic- 



CIVIL CODE OF SOUTH CAROLINA 175 

ipality in which such bank or banking- association may be located, all taxes 
that may be assessed in this State, as provided by law, upon its shares in 
the hands of its stockholders. 

Civ. '12, § 34,7; Civ. '02, § 319; G. S. 204; R. S. 259; 1882, XVII, 1001; 1913, XVIII, 
200. 

Carolina Nat. Bank of Columbia r. Spiguer, Richland Countv Treasurer, 106 S. C. 185, 90 S. E. 
748. 

(407) § 8. Proceeding's Where Bank Fails to Make Return, and Penalty 
for False Eeturn. — If any bank or l)anking association shall fail to make 
out and fimiish 1o the County Auditor the statement required by Section 
— within the time required herein, it shall be the duty of said Auditor to 
examine the books of said bank or banking association, also to examine any 
officer or agent thereof, under oath, together with, such other persons as he 
may deem pro^jer, and make out the statement required by said Section, 
and enter the value of said shares on the duplicate for taxation. Any bank 
officer failing to make out and furnish the County Auditor the statement, 
or wilfully making a false statement, as herein required, shall be liable to a 
fine not exceeding one thousand dollars, together with all costs and other 
expenses incurred by the Auditor, or other proper officer, in obtaining such 
statement aforesaid. 

Civ. '12, § 348; Civ. '02, § 320; G. S. 20.5; R. S. 260; 1882, XVII, 1001. 

(408) § 9. Unincorporated Banks and Bankers — Mode of Assessing. — 

All unincorporated banks and bankers shall, annually, between the first of 
June and twentieth of July, make out and return to the Auditor of the 
proper county, under oath of the owner or principal officer or manager 
thereof, a statement, setting forth : 

1. The average amount of notes and bills receivable, discounted, or pur- 
chased in the course of business by such unincorporated bank, banker, or 
bankers, and considered good and collectible. 

2. The average amount of accounts receivable. 

3. The average amount of cash items in possession or in transit. 

4. The average amount of all kinds of stocks, bonds, or evidences of 
indebtedne.ss, held as investment, or in any way representing assets. 

5. The average amount of real estate at its assessed value for taxation. 

6. The average amount of all deposits made with them by other parties. 

7. The average amount of accounts payable, exclusive of current deposit 
accounts. 

8. The average amount of government and other securities, specifying 
the kinds that are exempt from taxation. 

9. The amount of capital paid in or emj)loyed in such banking business, 
together with the number of shares or proiDortional interest each share- 
holder or partner has in such association or partner.ship. 

From the aggregate sum of the first five items above enumerated, the said 
Auditor shall deduct the aggregate sum of the fifth, sixth, seventh and 
eighth items, and the remainder thus obtained .shall be entered on the dupli- 
cate of the countj' in the names of such bank, banker, or bankers, and taxes 



176 CIVIL CODE OP SOUTH CAROLINA 

thereon shall be assessed and paid, the same as is provided for other prop- 
erty as assessed and taxed in the same city, ward, town or incorporated 
village. 

Civ. '12, § 349; Civ. '02, § 321; G. S. 206; R. S. 262; 1882, XVII, 1002. 

(409) § 10. How Average Obtained. — The average provided for in the 
preceding Section shall be obtained by adding together the amounts of each 
item above specified, owned by or standing on the books of such bank, 
banker, or bankers, on the first day of each month of the year ending the 
last day of December next preceding the year in which the return is made, 
and dividing the same by the number of months in the year : Provided, 
That in cases where such bank, banker, or bankers commenced business 
during the preceding j^ear, the division shall be made by the number of 
months elapsed after the commencement of such business : Provided, That 
all fractions of a month shall be counted as a month. 

Civ. '12, § 350; Civ. '02, § 322; G. S. 207; R. S. 268; 1882, XVII, 1002. 

(410) § 11. Who Are Bankers. — Every company, association, or person 
not incorporated under any law of this State, or of the United States, for 
banking purposes, who shall keep an office or other place of business, and 
engage in the business of lending money, receiving money on deposit, buy- 
ing and selling bullion, bills of exchange, notes, bonds, stocks, or other evi- 
dences of indebtedness, with a view to profit, shall be deemed a bank, bank- 
er, or bankers, within the meaning of the proAdsions of this Chapter. 

Civ. '12, § 351; Civ. '02, § 323; G. S. 208; R. S. 261; 1882, XVII, 1003. 

(411) § 12. Auditor's Power to Enforce Returns — Penalty for Default 
of or False Returns. — The Auditor shall have the same powers to enforce 
correct returns from bank officers and bankers, to examine witnesses and 
enforce their attendance, and have the same aid of the Court of General 
Sessions of the county, as is provided by law in the cases where individuals 
fail to list their property for taxation, or are suspected of having made false 
returns ; and in all cases of failure to make returns under this Article, or in 
case of false return by any unincorporated bank, banker, or bankers, the 
Auditor shall ascertain the true amount, as near as may be, add fifty per 
cent, penalty thereto, and charge the party or parties with the taxes on the 
amount so ascertained by him, with the penalty aforesaid; but in cases of 
unintentional mistake in making the return, the true amount only shall be 
charged against the parties, without penalty. 

Civ. '12, § 352; Civ. '02, § 324; G. S. 209; R. S. 264; 1882, XVII, 1003, § 194. 

(412) § 13. Provisions Hereinto Apply to Certain Banks. — The provi- 
sions of the various sections of this Article shall apply to Banks incorpo- 
rated in this State which have branches in more than one county. 

Civ. '12, § 353; 1909, XXVI, 36. 



CIVIL CODE OF SOUTH CAROLINA 177 

ARTICLE X. 

Certain Corporations to Make Annual Reports and Pay Annual License 

Fees. 

(413) § 1. Corporations to Make Annual Reports to Comptroller Gen- 
eral. — Every corporation organized under the laws of this State to do 
business for profit, doing business in this State, shall make a report in writ- 
ing to the Comptroller General, annually, during the month of February, in 
such form as the Comptroller General may prescribe, containing: 1. The 
name of the companj^ 2, The location of its principal office. 3. The name 
and postoffice address of the President, Secretary, Treasurer, Superintend- 
ent and General Manager, and of the members of the Board of Directors. 
4. The date of the annual election of such officers. 5. The amount of 
authorized capital stock and par value of each share. 6. The amount of 
capital stock subscribed, the amount of capital stock issued and outstanding, 
and the amount of capital stock paid up. 7. The nature and kind of busi- 
ness in which the company is engaged and its place or places of business. 
8. The change or changes, if any, in the above particulars made since the 
last report. And all railroad companies, express companies, street railway 
companies, navigation companies, waterworks companies, power companies, 
light companies, telephone companies, telegraph companies, parlor, dining 
and sleeping car companies, exercising the right and privilege of doing 
business or operating under the authority of any grant of authority or per- 
mission by this State, whether by direct enactment of the General Assembly, 
or otherwise, and also foreign, nonresident corijorations engaged in like 
business and exercising similar rights and privileges, shall, in addition to 
the information above stated, also state in said report to the Comptroller 
General. 9. The nature of the company or corporation and under the 
laws of what State organized. 

10. Express Companies. — In the case of express companies, the entire 
receipts, including all sums earned or charged, whether actually received 
or not, for business done in this State by each agent of such company doing 
business in this State, giving the name of the oifice for the fiscal year then 
next preceding for and on account of such company, including its propor- 
tion of gross receipts for business done by such company within the State in 
connection with other companies ; also the total amount of such receipts 
for business done within the State- 

11. Telegeaph and Telephone Companies. — In case of telegraph and 
telephone companies, the entire gross receipts, including all sums earned 
or charged, whether actually received or not, for the fiscal year next pre- 
ceding, from whatever source derived, whether messages, telephone tolls, 
rentals, or otherwise, for business done within this State, at each ofSce 
within this State, giving the name of the office and the total receipts of the 
compan}' for such period in South Carolina from business done within South 
Carolina. 

12. Railroads — In the case of each railroad or street railway, situated 
wholly within the State of South Carolina, the gross earnings from its 
operation, aiid in case of each railroad or street railway, located partly 

C. C— 12 



178 CIVIL CODE OP SOUTH CAROLINA 

within and partly without South Carolina, the gross earnings from the 
operation of the entire line for the fiscal year next preceding, with the 
number of miles of line within South Carolina, and the miles of line with- 
out South Carolina. 

13. That the fiscal year for which reports shall be made by railroad com- 
panies in the State of South Carolina to the Board of Railroad Commis- 
sioners, the Tax Commission or other officers of the State of South Carolina, 
shall terminate on the 31st day of December, so as to conform to the calen- 
dar year and to the fiscal year as fixed by the Interstate Commerce Com- 
mission of the United States. 

14. Reports to Be Made in Conformity to Change Effected Herein. 
— -That all reports now required by law to be made by railroad companies 
to the Board of Railroad Commissioners, to the Tax Commission, or to other 
officers of the State of South Carolina, at specified times and based upon the 
operations of said railroad companies for the fiscal year preceding such 
reports, such fiscal year now by law terminating on the 30th day of June 
of every year, shall be made to said Board or officers at like periods after 
the 31st day of December of every year, as they are now required to be made 
after the 30th day of June of every year. 

1917, XXX, 163. " 

15. Navigation Companies. — And in the case of navigation companies, 
waterworks companies, power companies, light eomj^anies, the entire gross 
receipts of the company, including all sums earned or charged, whether 
actually received or not, for business done within this State for the fiscal 
year then next preceding, including the company's portion of gross receipts 
for business done hy it within this State in connection with other com- 
panies. 

16. "Such other facts and information as he may require in the form of 
return xireseribed by him. 

Civ. '12, § 361; 1904," XXIV, 462; 1905, XXIV, 828; 1917, XXX, 163. 

This Act construed in British- American Mortgage Co. v. Jones, 76 S. C. 218, 56 S. E 983, and 
77 S. C. 443, 58 S. E. 417. In the last cited case it was held constitutional as to foreign corpora- 
tions, constitutional as to domestic corpor.itions. Ware Shoals Mfg. Co. v. Jones, 78 S. C. 211, 218, 
58 S. E. 811. 

(414) § 2. Foreign Corporations. — Every corporation organized to do 
business for profit under the laws of any other State, territory, or country, 
now 'or hereafter doing business in this State, and owning or using a part 
of its capital or plant in this State, shall, in addition to the other require- 
ments contained in the Code of Laws of South Carolina, 1922, and Acts 
amendatory thereto, during the month of February, annually, make a report 
in writing to the Comptroller General, in such form as he may prescribe, 
containing the same facts as required to be reported by domestic corpora- 
tions in the preceding Section, and in addition thereto : 

1. The name and location of its office or offices in South Carolina. The 
name and address of the officers or agents of the company in charge of its 
business in South Carolina. 

2. The value of property owned and used by the company in South 
Carolina, and the value of the property owned and used outside of South 
Carolina, and where such property is situated, stating the county and town- 
ship and other tax division where situated within this State. 



CIVIL CODE OF SOUTH CAROLINA 179 

3. The change or changes, if any, in the above particulars since the last 
annual report. 

Civ. '12, § 3fi2; 1904, XXIV, 462; 1905, XXIV, 828. 

(415) § 3. How Reports shall Be Made. — The report required in Sec- 
tions 1 and 2 shall be signed and sv/orn to before an officer duly author- 
ized to administer oaths, by the President, Vice President, Secretary, Super- 
intendent or Managing- Agent of such company within this State and for- 
warded to the Comptroller General. Blanks for making the above report 
shall be prepared and, on application, furnished any company applying 
therefor by said Comptroller General. 

Civ. '12, § 363; 1904, XXIV, 462; 1905, XXIV, 828. 

(416) § 4. Annual License Fee. — Every corporation organized under 
the laws of this State to do business for profit, other than railroad compa- 
nies, express companies, street railway companies, navigation companies, 
waterworks companies, power companies, light companies, telephone com- 
panies, telegraph companies, parlor, dining and sleeping car companies, 
shall, upon the filing of the report required of them in Section 1, pay to 
the Comptroller General, on or before the first day of April in each year, 
an annual license fee of one-half of one mill upon each dollar paid to the 
capital stock of said corporation, said license fee not to be less than five 
dollars in any case. 

Civ. '12, § 364; 1904, XXIV, 462; 1905, XXIV, 828. 

Britisll-Amevican Mortgage Co. v Jones, Comptroller General, 76 S. C. 218, 223, 56 S. E. 983, 
and 77 S. C. 443, 450, 58 S. E. 417, rehearing. 

(417) § 5. Valuation by Comptroller General and Annual License Fee 
of Foreign Corporations. — Upon the filing of the report required of for- 
eign corporations in Section 2, the Comptroller General shall, from the facts 
thus reported, and any other facts coming to his knowledge, determine the 
value of the property of such corporation used within the State by them in 
the conduct of their business, and shall file a statement of the value so 
determined, with the license tax payable thereon, and shall charge and col- 
lect from such company, in addition to the initial fees provided for in the 
Code of Laws of South Carolina, 1922, and Acts amendatory thereto, an 
annual license fee of one-half of one mill upon each dollar of the value of 
the property of such corporation used within this State in the conduct of 
its business. 

Civ. '12, § 365; 1904, XXIV, 462; 1905, XXIV, 828; 1915, XXIX, 125. 

This section may he enforced against foreign corporation having paid in 1894 license required by 
-Act of 1893, 21 Stat. 490 (see § 2664, et seq.) to do business in this State and having paid such 
license annually since and fully complied with such Act. British-American Mortgage Co. v. Jones, 
77 S. C. 443, 450, 58 S. E. 417, overruling on rehearing British-American Mortgage Co.». Jones, 
76 S. C. 218, 223, 56 S. B. 983. 

(418) § 6. Reports to Be Filed With State Tax Commission. — The State 
Tax Commission provided for in Article VI shall, annually, on the first 
Monday in March, or on such other day as they may be called to meet by the 
Comptroller General, meet in the office of the Comptroller General, and 
thereupon the Comptroller General shall lay before the Commission the 
statements and schedules returned to him by each and every railroad com- 
pany, express company, street railway company, navigation company, 
waterworks company, power company, light company, telephone company. 



180 CIVIL CODE OF SOUTH CAROLINA 

telegraph company, parlor, dining or sleeping car comi^any, under Section 
1 of this Article. The reports made by railroad, telegraph, telephone, 
express and sleeping car companies to the Railroad Commissioners may be 
regarded and treated by the Commission as reports made to it, and the 
Commission shall have power at any time to call iipon such Commissioners 
for information. The Commission may also consider reports filed with the 
Comptroller General by express, telegraph, telephone, sleeping car and 
railroad companies for purposes of taxation. 

Civ. '12, § 366; 1904, XXIV, 462; 1905, XXIV, 828; 1915, XXIX, 125. 

(419) § 7. State Tax Commission to Determine Gross Receipts. — The 

State Tax Commission shall proceed to ascertain and determine, on or 
before the first Monday in April, the entire gross receipts of such railroad 
companies, express companies, street railway companies, navigation com- 
panies, waterworks companies, power companies, light companies, telephone 
companies, telegraph companies, parlor, dining and sleeping car companies, 
for business done within this State for the fiscal year then next i^receding, 
and the amounts ascertained bj^ said Commission shall be held and deemed 
to be gross receipts of such companies for business done within South Caro- 
lina for the year under consideration. 

Civ. '12, § 367; 1904, XXIV, 462; 1905, XXIV, 828; 1915, XXIX, 125. 

(420) § 8, Failure to Make Statement. — In case of the failure or refusal 
of any company to make the statement required by law, or furnish the 
Commission any information requested bj'' it, the Commission shall inform 
itself as best it may on matters necessary to be known in order to discharge 
the duties under this Article. 

At any time after the annual meeting of the Commission, and before the 
gross receipts of any company for business done within South Carolina, or 
the gross earnings from its oijeration within South Carolina are determined, 
any company or person interested shall have the right, on written applica- 
tion, to appear before the Commission and be heard in the matters of such 
determination. After the determination of the amount of the gross receipts 
of any such company or the gross receipts or earnings from its operation 
within South Carolina, and before the notification to the State Treasurer 
of such amount, the State Tax Commission may, on application of any 
person or company interested, or on its own motion, revise and correct its 
findings in such manner as seem to it to be just and proper. 

Civ. '12, § 868; 1904, XXIV, 462; 1905, XXIV, 828. 

(421) § 9. Tax Commission to Notify State Treasurer. — -That the said. 
State Tax Commission shall, after ascertaining the gross receipts for busi- 
ness done in South Carolina, or the gross earnings from its operation within 
South Carolina of any railroad company, express company, street railway 
comf)any, navigation company, waterworks company, power company, light 
company, telephone company, telegraph company, parlor, dining and sleep- 
ing car company, notify the State Treasurer of the amount thereof on or 
before the first day of May of each year, and the State Treasurer shall 
thereupon proceed to charge and collect from such company and such com- 
pany shall pay to said State Treasurer an annual license fee of three mills 
on the gross income of such company for business done within South Caro- 



CIVIL CODE OF SOUTH CAROLINA 181 

lina for the loreceding fiscal year, an annual license fee of three mills on 
such gross income, which license fee shall be paid by such corporation on 
or before the first day of May in every j^ear. 

Civ. '12, § 369; 1904, XXIV, 462; 1905, XXIV, 828; 1915, XXIX, 125. 

(422) § 10. State Treasurer to Report to Comptroller General. — On the 

production of the State Treasurer's receipt showing jDayment of the annual 
fees provided for in the preceding Sections of this Article, the Secretary of 
State shall make out and deliver to the corporation paying the same, a 
certificate of the comiiliance by such corporation with the provisions of this 
Article, and of the payment of the annual fees therein provided for, and 
the State Treasurer shall report to the Comptroller General the amount of 
the annual fees collected under this Article. 

Civ. '12, § 370; 1904, XXIV, 462; 1905, XXIV, 828. 

(423) § 11. Failure to Pay License. — In case any corporation required 
to file reports or pay license fees by this Article shall fail or neglect to make 
such report or pay such fees within the period prescribed in said Sections, 
respectively, such corporation shall be subject to a penalty of five hundred 
dollars, and an additional penalty of one himdred dollars per day for each 
day's omission after the time limited in this Article for filing .such report 
and paying such fee. Such penalty and annual fee or fees may be recov- 
ered by an action in the name of the State, and on collection shall be paid 
into the State Treasury. The Attorney General, on the request of the 
ComiDtroller General, shall institute such action in the Court of Common 
Pleas for Richland County, or of any county in the State in which such 
corporation has an office or place of business, as he prefers. The State Tax 
Commission, upon good cause shown, may in their discretion remit the 
penaltj', or any part thereof, prescribed in this Article. 

Civ. '12, § 371; 1904, XXIV, 462; 1905, XXIV, 828; 1915, XXIX, 125. 

(424) § 12. Exceptions. — The provisions of this Article shall not apply 
to insurance, fraternal, beneficial or mutual protection associations or com- 
panies. 

Civ. '12, § 372; 1904, XXIV, 462; 1905, XXIV, 828. 

(425) § 13. Dissolution of Corporation.. — Every domestic corporation in 
case of dissolution, revocation of charter, or abandonment of its coriDorate 
purposes shall file with the Secretary of State a certificate of such dissolu- 
tion, revocation of charter or abandonment. In case of dissolution or aban- 
donment by voluntary action of the corporation, such certificate .shall be 
signed by the President, Secretary and a majorit3^ of the Board of Directors 
of the corporation. In case of dissolution or revocation of charter by 
action of a competent court, such certificate shall be signed by the Clerk of 
the Court entering the decree of dissolution or revocation. The fees for 
making or filing of such certificate with the Secretary of State shall be taxed 
in the cost in favor of the party paying the same. 

Foreign Corpoeations Retiring from Business. — Every foreign corpo- 
ration when it shall retire from business in this State, is hereby required 
to file with the Secretary of State a certificate to that effect, signed by the 



182 CIVIL CODE OP SOUTH CAROLINA 

President and Secretary of the corporation. The fee for filing certificates 
of dissolution, revocation of charter, abandonment or retirement of corpora- 
tions shall be five dollars : Provided, That the charter of a corporation 
which is shown to have been no longer in active existence at the time of this 
Article may be surrended on the payment of one dollar. The mere retire- 
ment from business of a domestic or foreign corporation without having 
filed the certificate provided for in this Section, shall not exempt it from the 
requirements to make their reports and pay fees in accordance with the 
provisions of this Article. 

Civ. '12, § 373; 1904, XXIV, 462; 1905, XXIV, 828. 



ARTICLE XI. 



Proceedings on Default of Return and Penalties Therefor — Valuation of 
Property for Taxation. 

(426) § 1. Penalty for Refusing to Make Oath on Return.^ — If any per- 
son shall refuse or neglect to make out and deliver to the Auditor a statement 
of personal property, as provided herein, or shall refuse or neglect to make 
and subscribe an oath as to the truth of such statement, or any part thereof, 
or in case of the sickness or absence of such person, the Auditor shall pro- 
ceed to ascertain, as near as may be, and make up and return a statement of 
the personal property, and the value thereof, with which such person shall 
be charged for taxation, according to the provisions of this Chapter ; and to 
enable such Auditor to make up such statement, he is authorized to exam- 
ine any person or persons, under oath, and to ascertain, from general 
reputation and his own knowledge of facts, the character and value of the 
personal property of the person thus absent or sick, or refusing or neglect- 
ing to list or swear ; and said Auditor shall return the lists so made up by 
him, endorsed, "Refused to List," or "Refused to Swear," or "Absent," 
or "Sick," as the case may be, and in his return, in tabular form, shall 
write the same words opposite the names of each of the persons so refusing 
or neglecting to list or swear, or absent or sick. 

Civ. '12, § 374; Civ. '02, § 332; G. S. 214; R. S. 265. 

(427) § 2. Penalty for Failure to Make Returns. — If any person shaU 
fail to list the personal property he is required by law to list in any one year, 
and the same escapes taxation for that year, the value thereof shall be 
charged against him for taxation in any subsequent year, with fifty per 
cent, penalty added thereto, and the taxes and penalty collected as in other 
eases. 

Civ. '12, § 375; Civ. '02, § 333; G. S. 215; R. S. 266; 1882, XVII, 1005. 

(428) § 3. Persons Beginning Business After January 1. — Any person 
company, or corporation, commencing any business in any county of this 
State after the first day of January in any year, the capital or personal 
property employed in which shall not have been previously listed for taxa- 
tion in said county for such year, shall, within thirty days after commenc- 
ing such business, report to the Auditor of the county, under oath, the 
average amount of the capital intended to be employed in such business, 



CIVIL CODE OF SOUTH CAROLINA 183 

from the time of its commencement to the iirst clay of January next ensu- 
ing ; and upon making satisfactory proof to said Auditor that such capital 
or property has been regularly listed for taxation in some other county in 
this State, said Auditor shall file report and proofs in his oiSce, and give to 
the party a certificate that he or they have complied with the provisions 
of this Section and are not liable to taxation in his county on. such capital or 
property for the then current fiscal year. But if he or they shall not 
satisfactorily prove that such capital or property has been previously listed 
for taxation in some county of this State, said County Auditor shall charge 
him or them, on his duplicate with such proportion of all taxes levied on 
others upon similar capital or property, at the place of the business, as the 
time from the commencement of the business to the ensuing first day of 
January bears to one year. 

Civ. '12, § 376; Civ. '02, § 334; G. S. 216; R. S. 267; 1882, XVII, 1005. 

(429) § 4. Duty of County Auditors With Respect to Persons With, 
Property Unlisted. — It shall be the duty of each County Auditor to ascer- 
tain the names of all persons commencing any business in his county after 
the first da.y of January, annually, whose capital or property employed in 
such business was not listed for taxation in his county for the then current 
fiscal year. 

Civ. '12, § 377; Civ. '02, § 335; G. S. 217; R. S. 268; 1882, XVII, 1005. 

(430) § 5. Penalty Where Capital or Property Employed is Notj 
Listed. — If any person, company, or eoriDoration, shall commence any 
business in any county of this State after the first day of January in any 
year, the capital or property employed in which shall not have been pre^va- 
ously listed for taxation in said county, and shall not, within thirty days 
thereafter, make such report to the Auditor of said county' as is required 
in Section 3 of this Article, he or they shall forfeit and pay the sum of 
one hundred dollars, which shall be collected, by civil action, in the name of 
the County Commissioners, and paid into the County Treasury for the 
exclusive benefit of the county. And process in such case may issue out of 
the Court of Common Pleas of the county in which such business was com- 
menced, directed to the proper officer, and be served in any county of this 
State. 

Civ. '12, § 378; Civ. '02, § 336; G. S. 218; R. S. 269; 1882, XVII, 1005. 

(431) § 6. How Property Valued. — All property shall be valued for' 
taxation at its true value in money, which, in all cases not otherwise spe- 
cially provided for by law, shall be held to be as follows, to wit: For per- 
sonal property, the usual selling price on the usual terms of similar property 
at administrators' or executors' sales, at the place where the return is 
made; and for real property, the usual selling price on the usual terms of 
similar property at sales for partition under the order of the court, at the 
place where the return is to be made. If there is no usual selling price, 
then at what is honestly believed could be obtained for the same at a fair 
sale imder the conditions before mentioned. It shall be the duty of each 
owner of lands, and of any new structures thereon which shall not have 
been appraised for taxation, to list the same for taxation with the County 



184 CIVIL CODE OF SOUTH CAROLINA 

Auditor of the county in which they may be situate, on or before the twen- 
tieth day of February next after the same shall become subject to taxation. 
Civ. '12, § 379; Civ. '02, § 33T; G. S. 219; R. S. 270; 1882, XVII, 1006. 

Railroad property was assessed by State Board of Equalization for railroads at 80 per cent, of 
its real value, under provision of this section that all property should be valued "at its true value in 
money," while all other property in State was assessed by county boards of assessment at from 50 
to 60 per cent, of the real value. Held, in view of general mode" of assessing property for taxation, 
upon application of -receiver for instructions, that there was no such evidence of intention on part 
of board of equalization to violate constitutional provision (art. 9, § 1) in relation to equality of 
taxation, and design to put burden of tax alone on railroads, as would warrant interference of 
court. Chamberlain v. Walter, 60 Fed. 788, 794. 

(432) § 7. Personal Property — How Valued — ^What Deemed Personal 
Property. — The following articles of personal property shall be valued for 
taxation, as follows, to wit: Money, bank bills, and other bills lawfully 
circulating' as money, at the par value thereof ; credits, at the amount pay- 
able on the face of the contract, instrument, or account, unless the prin- 
cipal be payable at a future time without interest ; then, at the sum payable, 
less the lawful interest thereon, for any term of credit not exceeding one 
year ; contracts for the delivery of specific articles, at the usual selling price 
of such articles, at the time of listing ; leasehold estates held for any definite 
term, at the yearly value thereof to the lessee ; annuities, at the yearlj' value 
thereof to the owner at the time of listing. All leasehold estates, held on 
perpetual lease, or for a term certain, renewable forever at the ojition of the 
lessee, shall be valued at the full price of the land, and continued to be 
taxed at such value to the end of the term. When the fee of the soil in any 
tract or lot of land is in one person, and right to any minerals therein or 
structures thereon in another, the proceeds of the minerals and the said 
structures shall be valued and taxed as personal property, to the owners 
thereof, respectively. 

Civ. '12, § 380; Civ. '02, § 338; G. S. 220; R. S. 271; 1882, XVII. 1006. 



ARTICLE XII. 

The County Auditor — Appointment, Tenure of Office, and General Powers 
and Duties. 

(433) § 1. County Auditors — How Appointed — Term of Office. — The 

Governor is authorized by and with the advice and consent of the Senate, 
to appoint for each county in the State a County Auditor, who shall hold 
his office for a term of four years, and until his successor is appointed and 
qualified, and to require such bond from said officer as he may deem neces- 
sary: Provided, That in the Counties of Bamberg, Berkeley, Horry, Lex- 
ington, and Williamsburg the term of office of said County Auditor shall 
be two years and until his successor is appointed and qualified : Provided, 
The County Auditor of Beaufort County shall be elected by the qualified 
electors of said county in the general election of 1914 and in the general 
election every four years thereafter : And provided, further. That the 
bond of the County Auditor of Greenwood County shall be two thousand 
dollars, and the bond of the County Auditor of Dorchester County three 
thousand dollars, and the bond of the County Auditor of McCormick County 



CIVIL CODE OP SOUTH CAROLINA 185 

shall be five thousand dollars. Beliiio <MittMiim on th" duties of his office, 
the Auditor so appointed must take the oath prescribed by the Constitution, 
and also the oath in respect to dueling. 

Civ. '12, § 381; Civ. '02, § 339; G. S. 221; R. S. 272; 1882, XVII, 1007, § 206; 1897, 
XXII, 439; 1913, XXVII, 43, 146; 1914, XXVIII, 400, 617, 619, 627; 191.5, XXIX. 420, 
445, 447, 515, 532; 1916, XXIX, 754, 793, 798, 799, 804; 1917, XXX, 120, 121; 1918, XXX, 
798; 1919, XXXI, 75, 127, 132, 164; 1920, XXXI, 1041. 

~7434) § 2. For What Causes and How Suspended and Removed from 
Office. — When any County Auditor shall, during a recess of the Senate, 
be shown, by evidence satisfactory to the Governor, to be guilty of miscon- 
duct in office, or crime, or for any reason shall become incapable or legally 
disqualified to perform its duties, in such case, and in no other, the Gov- 
ernor may suspend such officer, and designate some suitable person to per- 
form, temporarily, the duties of such office until the next meeting of the 
Senate, and until the case shall be acted upon by the Senate; and such per- 
son so designated shall take the oath and give the bond required by law to 
be taken and given by the person duly appointed to fill such office, and, in 
such case, it shall be the duty of the Governor, within ten days after the 
first day of such meeting of the Senate, to report to the Senate such sus- 
pension, with the evidence and reason for his action, and the name of the 
person so designated to perform the duties of such office ; and if the Senate 
shall concur in such suspension, and advise and consent to the removal of 
such officer, they shall so certify to the Governor, who may thereupon remove 
such officer, and, by and with the advice and consent of the Senate, appoint 
another person to such office. But if the Senate shall refuse to concur in 
such suspension, such officer, so suspended, shall forthwith resume the func- 
tions of his office, and the powers of the person so performing its duties in 
his stead shall cease, and the official salary and emoluments of such officer 
shall, during such suspension, belong to the person so performing the duties 
thereof, and not to the officer so suspended : Provided, however, That the 
Governor, in case he shall become satisfied that such suspension was made 
on insufficient grounds, shall be authorized, at any time before reporting 
such suspension to the Senate as above provided, to revoke such suspension 
and reinstate such officer in the performance of the duties of his office. 

Civ. '12, § 382; Civ. '02, § 340; G. S. 222; R. S. 273; 1882, XVII, 1007, § 206; 1897, 
XXII, 439. 

(435) § 3. When Office to Be Kept Open to Receive Returns, Etc. — 

It shall be the duty of the County Auditor to receive the returns, and make 
the assessments provided for in this Chapter within the time prescribed by 
law, and for this purpose this office shall be kept open to receive the returns 
of taxpayers from January 1st to February 20th of each year. He shall, 
for the purpose of assessing taxes, attend at a convenient point in each 
township or tax district as many days as may be necessary, and for the 
remainder of the time allowed by law he shall be and return at the county 
seat. He or his assistant must give thirty days' public notice of the days 
upon which he will be at the place designated : Provided, That in 'Williaras- 



186 CIVIL CODE OF SOUTH CAROLINA 

burg and Clarendon Counties the County Auditor sliall not visit townships 
for the purpose of receiving and assessing taxes, biit shall receive returns 
and assess taxes in his office only. 

Civ. '12, § 3S3; Civ. '02, § 342; G. S. 225, 226; R. S. 275, 276; 1882, XVII, 1008; 1917, 
XXX, 68; 1920, XXXI, 114.2. 

Property sufficiently assessed as belonging to the "estate of" — "heirs of." Koth v. Pallachucola 
Club, 79 S. C. 514, 61 S. E. 77. 

(436) § 4. Make Annual Lists of Persons Making Returns of Real and 
Personal Property. — Each Auditor shall, on or before the first day of 
Marcli, annually, make out, in tabular form and alphabetical order, a list of 
the names of the several persons, companies and corporations in whose 
names any personal or real property shall have been listed, giving the first 
Christian name of the several persons ; and he shall enter separately, in 
approiDriate columns, opposite each name, the aggregate value of the several 
species of property mentioned herein, making separate lists of the property 
listed as taxable in incorporated villages, cities and wards, and that listed 
as taxable out of cities, wards and incorporated villages ; all of which col- 
umns shall be accurately added up and footed; and at the same time file 
and preserve in his office statements of property listed by him, or received 
by him from others. 

If the name of the owner of any tract or lot shall be unknown, the word 
"unknown'" shall be entered in the column of names opposite said tract 

or lot. 

Civ. '12, § 384; Civ. '02, § 343; G. S. 277; R. S. 277; 1882, XVII, 1009, § 211. 

Gilliland v. Citadel Sqiiare Baptist Church, 33 S. C. 164. 11 S E. 684. 

One of main purposes of statute is to enable tax officers to identify the owner of property so 
that they may know with certainty on whose property to levy for the collection of taxes. Koth v. 
Pallachucola Culb, 79 S. C. 514, 517, 61 S. E. 77. 

Should not be construed as admitting of no other meaning or designation of owner except the use 
of Christian and family name. Koth v. Pallachucola Club, 79 S. C. 514, 517, 61 S. E. 77. 

(437) § 5. Lists of Real Estate Not Previously Listed, Structures Newly 
BuUt or Destroyed, Etc. — The Auditor sliall annually, at the time of taking 
the list of personal propert.y, also take a list of all real property in the 
county subject to taxation which shall not have been previously listed ; and 
of all new structures not previously listed, and of all old structures which 
were destroyed during the previous year; and shall afSx a value thereto, 
with a description of the land or lot on which the same was or is situate, 
endorse his affidavit thereon that the same is correct, and that the valuations 
therein stated have been made according to the rules prescribed by this 
Chapter, and return the same, with the names of the owners, respectively; 
and if the owner of any such new structure shall be the owner of the land 
on which it is situate, or of a permanent leasehold estate therein, the Audi- 
tor shall add to or deduct from the value of the land or lease, as the case 
may be, as the same may stand on the duplicate, the value of such structure 
so returned; but he shall not deduct any greater amount for the destruc- 
tion of any structure than was previously charged for the same on the 
duplicate. 

Civ. '12, § 385; Civ. '02, § 344; G. S. 228; R. S. 278; 1882, XVII, 1009, § 211. 

(438) § 6. Auditor's Remarks on Returns Regarding Value of Property 
— Penalty on Unlisted Property. — It shall be the duty of the Auditor to 
state, in the column of remarks opposite each taxpayer 's name, in the return 



CIVIL CODE OF SOUTH CAROLINA 187 

made by him, any amount which lie believes ought to be aclcled to the valua- 
tion of the property listed by such taxpayer, his agent, or other person. 
But he shall not increase the return as made by any taxpayer, or his or 
her agent, except by authority of the Board of Assessors. It shall also be 
his duty, at any time after his return, if he ascertain that any personal 
property in his county has not been listed, to list the same and make return 
thereof, with the valuation thereof as fixed by the owner or himself, and 
the name of the owner or person to whom it is taxable ; and he shall charge 
the same on the duplicate for taxation, adding fifty per cent, to the value as 
returned as penalty. 

Civ. '12, § ii86; Civ. '02, § 34,5; G. S. 229; R. S. 279; 1882, XVII, 1009, § 211. 

Koth II. Pallachucola Club, 79 S. C. 514, 517, 61 S E. 77. 

Auditor has no authority to increase the assessment where it lias been fixed by the Board of 
Assessors and Board of Equalization, even if ordered to do so bv the Comptroller-General. State 
V. Cromer, 35 S. C. 213, 14 S. E. 493: National Bank v. Boyd, 35 S. C. 233, 14 S. E. 496; State 
V. Covington, 35 S. C. 245, 14 S. E. 499. 

(439) § 7. Auditor to State School District of Taxpayer.— It shall be 
the duty of each Auditor to state, in a separate column, the school district 
in which the taxpayer resides. 

Civ. '12, § 387; Civ. '02, § 346; G. S. 229a; R. S. 280; 1890, XX, 718. 

(440) § 8. Auditor to Report to County Superintendent of Education 
Poll Tax, Etc. — The County Auditor, when he has completed the tax dupli- 
cates, shall repoi't to the County Superintendent of Education, by school 
districts, the names listed for poll tax and the amount of taxable property 
when there is a special levy. 

Civ. '12, § 388; Civ. '02, § 347; G. S. 229a; R. S. 280; 1890, XX, 718. 

(441) § 9. Description of Tracts or Lots of Land — Value — Mode of 
Information — Authority. — It sliall be the duty of the Auditor to make out, 
from the maps and descriptions in his possession, and from .such other 
sources of information as shall be in his power, a correct and pertinent 
description of each tract and lot of real propertj'' in his county. When he 
shall deem it necessary to obtain an accurate description of any separate 
tract or lot in his county, he may require the owner or occupier thereof to 
furnish the same with any title papers he may have in his possession, and 
if such owner or occupier, upon demand made for the same, shall neglect 
or refuse to furnish a satisfactory descrii^tion of such parcel of real prop- 
erty to such Auditor, he may employ a competent surveyor to make out a 
description of the boundaries and location thereof, and a statement of the 
quantity of land therein. To the expense of such survey he shall add the 
tax assessed upon such real property, and it shall be collected by the 
Treasurer, with such tax, and, when collected, shall be paid, on demand, 
to the person entitled to the same. 

Civ. '12, § 389; Civ. '02, § 348; G. S. 230; R. S. 281; 1882, XVII, 1010, § 215. 

(442) § 10. May Enter and Examine Buildings to Ascertain Value. — 

For the purpose of enabling the Auditor to determine the value of build- 
ings and other improvements, he is authorized to enter and fully examine 
all buildings and structures (except dwellings), of whatever kind, which 
are not by law expressly exempted from taxation. 

Civ. '12, § 390; Civ. '02, § 349; G. S. 231; R. S. 282; 1882, XVII, 1010, § 216. 



188 CIVIL CODE OF SOUTH CAROLINA 

(443) § 11. Makes List of Property Exemptj — The Aduitor, at the time 
of making the assessments of other real estate for taxation, shall enter, in 
a separate list, pertinent descriptions of the real estate exempt from taxation 
by law, with the valuation thereof, made by himself, determined by the 
rules prescribed by law, and designating- the owner of each several parcel. 

Civ. '12, § 391; Civ. '02, § 350; G. S. 232; R. S. 283; 1882, XVII, 1010, § 17. 

(444) § 12. When Tax Books ShaU Be Made Up.— Transmission and 
Contents. — I'he Auditor shall, on or before the thirtieth day of June, in 
each year, make up and complete the tax books of his county, as required 
in the folloAving Section; and shall, on or before that day, make out and 
transmit to the Comptroller General and the County Commissioners, an 
abstract of the property of each district in his county, in which he shall set 
forth: 

1. The number of acres, exclusive of town lots, returned by said Auditor, 
with such additions as shall have been made thereto. 

Civ. '12, § 392; Civ. '02, § 357; 1882, XVII, 1011; 1885, XIX, 164, § 4. 

2. The aggregate value of such real property, other than town lots, as 
returned by said Auditor, inclusive of such additions as shall have been 
made thereto under the provisions of this Chapter. 

3. The aggregate value of the real property in each town, city and village 
in his county, as returned by said Auditor, inclusive of such additions as 
shall have been made thereto. 

4. The various kinds and descriptions of personal propertj' returned for 
taxation. 

Civ. '12, § 392; Civ. '02, § 351; G. S. 233; R. S. 284; 1897, XXII, 468, § 6. 

(445) § 13. Coimty Duplicate List — When Made Out — Form and Par- 
ticulars. — Tlie Auditor shall make out, in a book to be prepared for that 
pui'pose, in such manner as the Comptroller General shall prescribe, a com- 
plete list or schedule of all taxable propert.y in his county, and the value 
thereof as equalized, so arranged as that each separate parcel of real prop- 
erty in each district, other than city, village and town property, shall be 
contained in a line or lines opposite the names of the owners, arranged in 
numerical or alphabetical order, and so that each lot or parcel of real prop- 
erty in cities, villages and towns shall be contained in a line or lines oppo- 
site the names of the owners thereof, respectively, arranged in alphabetical 
order. And the value of all personal property shall be set down opposite 
the names of the owners thereof, respectively; and if listed by any other 
person for and in the name of the owner, the name of such person, and the 
character in which he acted, shall also be stated in such list, which list or 
schedule shall be retained in his office, and another made for the County 
Treasurer, delivered to him on or before the thirtieth day of September, 
annually, as his warrant for the collection of the taxes, assessments and pen- 
alties charged thereon, each and both of which lists shall be denominated 
the County Duplicate. 

Civ. '12, § 393; Civ. '02, § 352; G. S. 234; R. S. 28; 1882, XVII, 1010, § 219; 1885, 

XIV, 164. 

Koth V Pallacllucola Club, 79 S. C. 514, 517, 61 S. E. 77. 
Taylor et al v. Strauss et al, 95 S. C. 295, 78 S. E. 883. 



CIVIL CODE OF SOUTH CAROLINA 189 

(446) § 14. Comptroller General Notifies Auditor of Rates for State 
Purposes.- — The Comptroller General shall annually give due notice to 
each County Auditor of the rates per centum authorized by law to be 
levied for the various State purposes, which rates, or per centum, shall be 
levied by the County Auditor on the taxable property of the county, and 
charged on the duplicate with the taxes required to be levied and collected 
for other purposes. 

Civ. '12, § 394; Civ. '02, § 353; G. S. 260; R. S. 286; 1882, XVII, 1022, § 244. 

(447) § 15. County Auditor to Determine Sum to Be Levied on Parcels 
of Property. — Each County Auditor, after receiving from the Comptroller 
General, and from such other officers and authorities as shall be legally 
empowered to determine the rate or amount of taxes to be levied for the 
various purposes authorized by law, statements of the rates and sums to be 
levied for the current year, shall forthwith proceed to determine the sums 
to be levied upon each tract and lot of real property, and upon the amount 
of personal property, moneys, and credits listed in his county, in the name of 
each person, company, or corporation, which shall be assessed equally on all 
real and personal property subject to such taxes, and set down in one or more 
columns, in such manner and form as the Comptroller General shall pre- 
scribe ; and in all cases where the whole amount of taxes upon the personal 
property, moneys, and credits of any person shall not amount to ten cents, 
the Auditor shall not enter the same upon the duplicate, if such person has 
no other taxable property. 

Civ. '12, § 395; Civ. '02, § 354; G. S. 235; R. S. 287; 1882, XVII, 1011. 

(448) § 16. Rate of Taxation a Decimal Fraction, and Not Less Than 
Half a Mill. — The County Auditors shall not be required to assess on the 
taxable property of their counties, or of any town, city or incorporated 
village, or school district therein, for any purpose, nor for all purposes 
added together, any rate of taxation containing or resulting in any frac- 
tion other than a decimal fraction, nor in any fraction less than one-half of 
a mill ; but if the sum required to be raised for any or all purposes results 
in a fraction less than one-half of a mill, .such fraction shall be dropped. 

Civ. '12, § 396; Civ. '02, § 355; G. S. 236; R. S. 288; 1882, XVII, 1012. 

Does not require .mditor to drop in calculation of taxes any fraction less than one-half mill in the 
lein-, but that provision refers to amount of taxes. Dickson v. Burckmyer, 67 S. C. 526, 541, 46 
S. E. 343. 

(449) § 17. Taxes to Be Entered on a Duplicate. — The County Auditor 
shall enter the taxes on the duplicate, to be retained in his own office, in 
such number of columns as the Comptroller General shall, from time to time, 
direct; but on the duplicate for the County Treasurer he shall enter the 
taxes against each parcel of real and personal property, on one or more 
lines, opposite the name of the owner or owners ; and, in all other respects, 
the Comptroller General may prescribe forms for countj' duplicates as may 
seem to him most conducive to the interest and convenience of the public, 
and County Auditors shall conform thereto. 

Civ. '12, § 397; Civ. '02, § 356; G. S. 237; R. S. 289; 1882, XVII, 1012. 

Koth r. Pallachucola Club, 79 S. C. 514, 317, 61 S. E. 77; Dickson !•. Burckmyer, 67 S. C 
526, 536, 46 S. E. 343. 



190 CIVIL CODE OF SOUTH CAROLINA 

(450) § 18. Disposition of Real Estate Regularly Returned, But Omit- 
ted from Duplicate.— If the County Auditor shall at any time di.seover 
that any real estate, or new structure, duly returned and appraised for tax- 
ation, has been omitted from the duplicate, he shall immediately charge the 
same on the duplicate, with the taxes of the current year, and the simple 
taxes of each preceding year the same may have escaped taxation. And if 
the owner of anj^ real estate, or new structure thereon, subject to taxation, 
has not reported the same for taxation, according to the requirements of 
this Chapter, and the same has not been appraised for taxation, the Auditor 
shall, upon discovery thereof, appraise the same, and, upon making return 
of such appraisement, shall charge the same upon the duplicate, with the 
taxes of the then current year, and the taxes of each preceding year it may 
have escaped taxation, with twenty per cent, penalty upon .such taxes of 
preceding years. And if any real estate shall have been omitted in any 
return, the Auditor of the county shall appraise the same immediately for 
taxation, file such appraisement in his office, and charge the same with the 
taxes of the current year, and the simple taxes of preceding years it may 
have escaped taxation. 

Civ. '12, § 3S8; Civ. '02, § 25T; G. S. 238; R. S. 290; 1882, XVII, 1012. 

(451) § 19. Procedure in Case of Evasion or False Return — Party May 
Be Examined. — If the Count.y Auditor shall suspect, or be informed, that 
any person or persons, corporation or company, has evaded making a return, 
or made a false return of his, her, or their personal property for taxation, or 
have or has not made a full return, or that the valuation returned is less than 
it should have been, according to the rules prescribed by this Chapter, it shall 
be his duty, at any time before the settlement with the Treasurer for the 
year, to notify such party to appear before him at his office, at a time fixed 
in said notice, together with such other person or persons as said Auditor 
may desire to examine, and the party, together with any witness called, 
shall be examined by said Auditor, under oath (which oath said Auditor 
is authorized to administer), touching the personal property, and the value 
thereof, of such party, and everything which maj' tend to evince the true 
amount such jDarty should have returned for taxation. 

Civ. '12, § 399; Civ. '02, §358; G. S. 239; R. S. 291; 1882, XVII, 1013. 

The Auditor's jurisdiction is special, and tlie fact giving it must affirmatively appear, cannot be 
presumed. State v. Cromer, 35 S. C. 213, 14 S. E. 493. It does not extend to cases regularly 
passed upon and determined by the tax boards. State v. Cromer. 35 S. C 213. 14 S. E. 493 ; 
State V. Covington, 35 S. C. 245, 14 S. E. 499. He has no authority to increase v.aluation of 
property where return is not intentionally false. National Bank v. Boyd, 35 S. C. 233. 14 S. E. 
496. And in no event to make such increase without notice to taxpayer, and proper inquiry and 
testimony as to true value. Ih. If he increase the assessment fixed by the t.ax boards he may be 
compelled by mandamus to restore it to the amount so fixed. States. Cromer, 33 S. C. 213, 14 S 
B. 493 ; State v. Covington, 35 S. C. 245, 14 S. E. 499. 

National Union Bank of Kock Hill et nl v. Neil, York Countv Treasurer; First Trust & Savings 
Bank of Eock Hill v. Same, 106 S. C. 173, 90 S. E. 744. 

(452) § 20. Penalty in Case it Appear That Return Has Been Evaded 
or Falsified. — The County Auditor, when he shall deem it necessary, may 
ad,iourn the examination provided for in the preceding Section, from time 
to time; and if he shall find that the party has failed to make any return 
for taxation, or intentionally made a false return, or intentionally returned 
his or their property for taxation at less than its fair cash value, he shall 
determine what amount should have been returned by the party, and add 
fifty per cent, thereto as penalty, and charge the same, with said penalty. 



CIVIL CODE OF SOUTH CAROLINA 191 

against the party on the duplicate, with the taxes of the ciirrent year, and 

the taxes of each preceding year it may have escaped taxation, with twenty 

per cent, and penalties upon such taxes of preceding years ; but if he shall 

find the party committed a merely unintentional mistake in any return 

made, he shall add such amount as he may deem just to such return, and 

charge the party with the simple taxes thereon. 

Civ. '12, § 400; Civ. '02, § 359; G. S. 241; R. S. 292; 1882, XVII, 1014. 

"Unintentional mistake" does not mean error of judgment; does not apply -where property is 
returned and passed bv the tax boards at a valuation less than others might estimate it. State v. 
Boyd, 35 S. C. 233, 14 S E. 496. 

(453) § 21. How Costs of Examination to Be Settled. — If upon the 
examination provided for in Section 19 of this Article, the return made to 
or by the Auditor shall be found to be correct, the expenses of the exami- 
nation shall be paid by the County Auditor, out of the county treasury ; but 
if it shall be found that the return, as made, was intentionally false, or 
that no return was made, the Auditor shall pay the expenses of the exami- 
nation out oi the county treasury and charge the same to the party on the 
duplicate, in addition to the penalty provided for such cases: and such 
amount shall be collected, with the taxes of the party, to reimburse the 
treasury of the county for the expenses paid as aforesaid. But if the return 
made was unintentionally erroneous, said Auditor shall pay the witness' 
fees and costs of serving the notice out of the county treasury, charge the 
same on duplicate to the party, and the same shall be collected and paid into 
the county treasury, as aforesaid. 

Civ. '12, § 401; Civ. '02, § 360; G. S. 242; R. S. 293; 1882, XVII, 1014. 

(454) § 22. What Expenses to Be Allowed.' — The expenses to be allowed 
upon the examination provided for by Section 19 of this Article shall be, 
for serving the notice or notices, the fees allowed to Sheriffs and Constables 
for serving a summons ; and to witnesses, the same fees to witnesses in suits 
before a Magistrate's Court. 

Civ. '12, § 402; Civ. '02, § 361; G. S. 243; R. S. 294; 1882, XVII, 1014. 

(455) § 23. Penalty Added on Eefusal or Neglect to List or to Swearl 
to Return. — Each County Auditor shall add to the value of all personal 
property which the owner or other person whose duty it is made to list the 
same shall have refused or neglected to list, or to the value of which such 
person shall have refused or neglected to swear, fifty per centum on the 
value, and charge the same on the duplicate upon which" taxes shall be 
collected and apportioned to the several funds for which taxes are assessed 
against such owner in proportion to the respective levies. 

Civ. '12, § 403; Civ. '02, § 362; G. S. 244; R. S. 295; 1882, XVII, 1014. 

(456) § 24. Assessment a Part of Collection — Construction of Sections 
of Tax Law. — The assessment of property for taxation shall be deemed 
and held to be a step in the collection of taxes and the last five preceding 
Sections shall be consti-ued to mean as giving full and complete power to 
the County Auditor, independent of any right conferred upon County 
Boards of Assessors or other officers, as to securing a full and complete 
return of property for taxation in all cases as expressed in said Sections, 
whether fraudulently or otherwise improperly or incompletely made. 

Civ. '12, § 404; Civ. '02, § 363; 1892, XXI, 81; R. S. 296. 



192 CIVIL CODE OP SOUTH CAROLINA 

Action of Auditor Not Reviewable by Cottrts. — The action of said 
Auditor under said Sections shall not be interfered with by any court of 
this State by mandamus, summary process or any other proceeding, but the 
taxpayer shall have the right, and no other, to pay his tax on such return 
under protest. 

1902, XXIII, 790. 

This Section shall only apply to State, county, municipal and school taxes. 
Civ. '12, § 404; Civ. '02, § 363; 1892, XXI, 81. 

(457) § 25. What to Be Done When Taxpayer Fails to Make Return. — 

Whenever any taxpayer shall fail to make returns to the Auditor of his 
county within the time prescribed by law, it shall be the duty of the County 
Auditor to enter on the tax duiDlicate, against such taxpayer, the property 
charged to him the previous year, with fifty per cent, penalty added thereto, 
except in cases of sickness or absence from the county, when the true amount 
of property only shall be charged. 

Civ. '12, § 405; Civ. '02, § 364; G. S. 245; R. S. 29T; 1882, XVII, 1015. 

(458) § 26. Failure to Make Return Caused by Sickness or Absence. — 

If any pei-son required to list property for taxation shall have been pre- 
vented by sickness or absence from giving to the Auditor the statement or 
return for taxation required, such person or his agent may, at any time 
prior to the tenth day of September of the year of the assessment, make out 
and deliver to the County Auditor a statement of the same, sworn to (which 
oath the Auditor is authorized to administer), and shall also make oath 
before said Auditor that he was sick or absent during the whole time when 
he should have otherwise listed his property for that year; and, if absent, 
that such absence was not for the purpose of avoiding the listing of his 
property. The Auditor shall receive the return made by the absent person, 
and charge such party with taxes on the duplicate according to the return 
so made to him. 

Civ. '12, § 406; Civ. '02, § 365; G. S. 246; R. S. 298; 1882, XVII, 1015. 

(459) § 27. How Returns Are Made and Kept Correct. — Each County 
Auditor shall correct annually the valuation of any parcel or lot of real 
property on which any structures may have been constructed, or on which 
any structure may have been destroyed, according to the return thereof, 
made in accordance with the provisions hereof, and assess the tax upon each 
corrected valuation. Said Auditor shall also correct any errors he may dis- 
cover in the name of the owner, in the description or quantity of any parcel 
or lot of real estate, or in any return made to his office. He shall also cor- 
rect any errors in his duplicate when ordered by the Comptroller General, 
but he shall not reduce any assessment of personal property regularly made 
and returned to his office, nor make any deduction from the valuation of 
any tract, lot, or parcel of real estate, except upon the written order of the 
Comptroller General, which written order shall only be made by the Comp- 
troller Genei'al upon a statement of facts submitted to him in writing ; and 
when any personal or real property has been listed, returned, or entered 
for taxation in a wrong locality, the County Auditor shall correct the return 
or entry, and charge such property with the taxes in the locality required 



CmL CODE OF SOUTH CAROLINA 193 

by the provisions hereof: Provided, That any correction made in the dupli- 
cate by the County Auditor shall be entered on both the Auditor's and 
Treasurer's duplicate, except that, in case of the reduction of any assess- 
ment or tax, the Auditor may furnish the Treasurer with a certificate of 
such reduction: And provided, further, That each County Auditor shall 
keep a record of all sales or conveyances of real property made in his county, 
in which he shall enter, in columns, the names of the purchaser and seller, 
the quality of land conveyed, the location and price of the same, and there- 
from correct the county duplicates annually ; and, for the purpose of carry- 
ing out this provision the Clerks of Courts and Registers of Mesne Convey- 
ances of each county are hereby required to have the endorsement of the 
County Auditor on each and every deed of conveyance for real property 
that the same is on record in his office, before the same can be placed on 
record in the offices of said Clerks of Courts or Register of Mesne Convey- 
ances ; and the said County Auditor shall be entitled to a fee of twenty-five 
cents, for his own use, for making such entry and endorsement. 
av. '12, § 407; Civ. '02, § 366; G. S. 247; R. S. 299, 300; 1882, XVII, 1015. 

Koth V. PaUachucola Club, 79 S. C. 534, 517, 61 S. E. 77. 
Dutr to correct tax duplicate. Smith v. Cox, 83 S. C. 1. 65 S. E. 222. 

Presumption is that Auditor did his dutv in regard to correcting tax duplicate. Smith r. Cox, 
83 S. C. 1, 4, 65 S. E. 222. 

(460) § 28. Abstract of Duplicate to Be Sent Annually to the Comp- 
troller General. — Each County Auditor shall, annually, on or before Sep- 
tember the thirtieth, make out and transmit, by mail, to the Comptroller 
General, a complete abstract of the duplicate of his county, which shall 
state the aggregate value of taxable property, and the total amount of taxes 
assessed thereon for that year ; and he shall, at the same time, also make out 
and transmit to the Comptroller General an abstract of the number and 
value of eaeli of the enumerated articles of personal property, the value of 
merchants' and manufacturers' stock, and the value of all other personal 
property as returned by him and fixed by the Board or Boards of Equali- 
zation; but such abstract shall be made out in such form and contain such 
details as the Comptroller General may prescribe. 

Civ. '12, § 408; Civ. '02, § 367; G. S. 248; R. S. 301; 1882, XYII, 1016; 1883, XIX, 165. 

(461) § 29. County Auditor to Answer in Writing Inquiries of Comp- 
troller General. — Each Comity Auditor shall answer in writing all 
inquiries propounded to him by the Comptroller General touching the con- 
dition and value of the real estate of his county, and changes made in the 
valuation thereof in different towns, villages, cities, wards and other dis- 
tricts ; also, as to the valuations of the different classes of personal property 
for taxation, as compared with their market value, and in relation to any 
and all matters which the Comptroller General may deem of interest to the 
public, or of value to him in the discharge of his duties as Comptroller 
General. 

Civ. '12, § 409; Civ. '02, § 368; G. S. 250; R. S. 302; 1882, XVII, 1017. 

(462) § 30. Auditor May Administer Oaths.; — Each County Auditor is 
hereby authorized to administer all oaths necessary to be taken by any one 
in the assessment and return of property for taxation, or necessary in the 
performance of any duty enjoined upon County Auditors by law. 

Civ. '12, § 410; Civ. ''02, § 369; G. S. 2ol; R. S. 303; 1882, XVII, 1017. 



194 CIVIL CODE OP SOUTH CAROLINA 

(463) § 31. Comptroller General Furnishes Forms and Extends Instruc- 
tions to Auditors. — The Comptroller General shall, from time to time, 
prepare and transmit to the several County Auditors all such forms and 
instructions as he may deem necessary to carry into effect the provisions of 
this Chapter, and shall decide all questions which may arise as to the true 
construction thereof, or in relation to the duty of any officer under the 
same; and the forms thus transmitted shall be observed and used by all 
county, town and municipal ofScers. The instructions thus given shall be 
obeyed by, and the decisions thus made shall be binding upon, all county, 
town and municipal officers. 

Civ. '12, § 411; Civ. '02, § 370; G. S. 261; R. S. 304.; 1882, XVII, 1023, § 245. 

The order of Comptroller-General to Auditor to increase the assessment of property is without 
authority. State v. Cromer, 35 S. C. 213, 14 S. E. 493. 

Nation.il Union Bank of Rock Hill et al v. Neil, York County Treasurer; First Trust and Savings 
Bank of Rock Hill v. Same, 106 S. C. 173, 90 S. E. 744. 

(464) § 32. Comptroller General Visits Offices and Examines Books, 
Etc., of Auditors and Treasurers Annually. — He shall, as often as once a 
year, either in person or by some authorized agent of his office, examine all 
the books, papers and accounts pertaining to the office of the Auditors and 
the Treasurers of the respective counties, with a view of protecting the 
interests of the State, and rendering the said officers such aid or instruc- 
tion as, in the discharge of their several duties, they may need to make their 
service the more efficient. 

Civ. '12, § 412; Civ. '02, § 371; G. S. 224; R. S. 305; 1882, XVIX, 1008, § 209. 

(465) § 33. Returns to Auditors Be Preserved Five Years. — All original 
tax returns made to the County Auditors of this State shall be preserved 
in their respective offices as public records for a period of five years from 
the date of such returns. 

1898, XXII, 745. 

Returns to Auditors Destroyed After Fiat-; Years. — After any original 
tax returns have been in the office of the Countj^ Auditor for a period of 
five years, the same may be destroyed or otherwise disposed of by the Audi- 
tor should it be inconvenient to preserve the same in his office, and after 
such destruction the Auditor's books shall be primary evidence to the con- 
tents of said original returns. 

Civ. '12, § 413; Civ. '02, § 372; 1898, XXII, 745. 

(466) § c4. County Auditors to Keep an "Abatement Book" — Use of 
Etc. — It shall be the duty of the County Auditor to keep as a permanent 
record in his office, a book to be known as the "Abatement Book" (to be 
furnished to him by the Comptroller General), wherein tlie County Auditor 
shall enter separately each and every abatement of taxes granted and 
allowed. Said abatement book shall be so kept as to show in each ease, 
under appropriate columns, the number of the page and the number of the 
line of the tax duplicate where the item abated appears, the name of the 
taxpayer, the amount and kind of tax charged on the duplicate, and for 
what year ; the amount abated and date of abatement, in each case, and if 
the tax be on property, a description of property, also the reason why the 
abatement Vi'as applied for and allowed. After the abatement papers are 
so entered, they shall be filed in Auditor's office by consecutive numbering 



CIVIL CODE OF SOUTH CAROLINA 195 

of each, and the number on the abatement paper shall be entered in the abate- 
ment book where the paper is entered, so there may be easy reference 
thereto. Said abatement book shall be kept by townships and summed up 
separately for each fiscal year ; with a recapitulation showing at end of year 
the amount of State, county, school, poll and other tax abated during the 
fiscal year in the whole county. 

Record in Annual Settlement. — The abatement allowed in annual set- 
tlements between County Auditor and Treasurer shall be according to the 
record in said abatement book. 

Civ. '12, § 434; Civ. '02, § 373; 1900, XXIII, 307. 

(467) § 35. When Duty of Auditor to Permit His Books Inspected. — 

After the County Auditor has completed his assessment it shall be his duty 
to permit any person authorized to assess or collect municipal taxes for any 
town or city to inspect and use his books, without charge, for the purpose of 
taking therefrom the assessed valuation of property within the limits of said 
city or town. 

Civ. '12, § 415; Civ. '02, § 374; 1896, XXII, 59, g 3. 



ARTICLE XIII. 
Boards of Assessors and Equalization. 

(468) § 1. Tax Districts.' — In counties in which townships have been 
laid out, each township shall be a tax district. In any county in which 
townships have not been laid out, the County Auditor shall divide his county 
into as many tax districts as may be necessary, and for the purpose of this 
Section, each ward and parish in the City and County of Charleston shall 
be considered a tax district, and (1) so much of the Countj^ of Charleston 
as formerly was part of the parishes of Saint James, Santee and Christ 
Church (except Sullivan's Island), and (2) Sullivan's Island, and (3) so 
much of said county as was formerly a part of St. Andrew's Parish, and 
(4) that part of said county outside of the City of Charleston and part of 
the Parish of St. Philip, shall, severalty, be tax districts of said county : 
Provided, That in the Counties of Darlington and Abbeville each school 
district shall constitute a tax district. 

Civ. '12, § 416; Civ. '02, § 375; 1882, XXIII, 98; 1916, XXIX, 834; 1918, XXX, 722. 

This Board of Assessors has quasi judicial authority, and when its action as to assessments is 
concured in bv the County Board of Equalization it is res adjudicata and final and conclusive, 
except in case 'of mistake or fraud. State v. Cromer, 35 S. C 213, 14 S. E. 493; State v. Coving- 
ton, 35 S. C. 345, 14 S. E. 499. 

(469) § 2. Assessment of Property for Taxation Township Boards of 

Assessors, Etc. — Special Provisions. — Except in the Counties of Barnwell, 
Beaufort, Charleston, Cherokee, Chester, and Hampton, the duties relative 
to the valuation, assessment and return of property for taxation are hereby 
devolved upon Township Boards of Assessors, Special Boards of Assessors 
for cities and towns, as now provided by law, and the County Board of 
Equalization which said Township and Special Boards shall be appointed 
every two years by the Governor, upon the recommendation of the members 
of the General Assemblj^, from the respective counties, or a majority of 



196 CIVIL CODE OF SOUTH CAROLINA 

them and their office shall be coterminal with that of the Governor appoint- 
ing them, and until their successors shall be appointed and qualified, and 
the Chairman of each of said Boards shall be ex officio a member of the 
County Board of Equalization : Provided, That in Horry, Newberry and 
Pickens Counties, the Township and Town Boards shall be appointed by the 
Auditor : Provided, That in the County of Hampton the Township Board 
of Assessors shall consist of three in each township, who shall hold their 
offices for two years and until their successors shall be appointed and 
qualified. The Chairman of each of the Township Boards of Assessors, 
who shall be elected out of their number by the members of each of the said 
Township Boards, shall constitute the Boards of Equalization for the said 
county, who shall, with the assistance of the Auditor of said county, per- 
form the duties of equalization now provided by the general law of this 
State : Provided, That in Berkeley County the Countj^ Auditor shall here- 
after take the annual returns of property and that there shall be appointed 
by the Governor, upon the recommendation of the members of the General 
Assembly, or a majority thereof, one good and discreet person from each 
parish in said county, and such person so appointed from said parishes in 
said county shall constitute the County Board of Equalization for Berkeley 
County, the County Auditor being ex officio a member of same, and the 
term of office of said person so appointed shall be coterminal with that of 
the Governor appointing them. It shall be the duty of the said County 
Board of Equalization for said county, together with the County Auditor 
as ex officio member, to meet at the county court house on some convenient 
day fixed by the County Auditor after the returns have been taken by the 
County Auditor, and to assess and equalize property of said county as 
between individuals or corporations, and shall joerform all the duties now 
required to be performed bj^ County Boards of Equalization under the 
general law of the State : Provided, further, That at the first meeting of said 
County Board of Equalization they shall organize and elect one of their 
members as Chairman: Provided, further. That one of the days above 
mentioned shall be used by the said County Board of Equalization for the 
purpose of comparing the original returns of property in said county with 
the entries of said property on the books of the County Auditor, who shall 
call a meeting of the Board after entries have been made on said books for 
inspection of the same : Provided, That in the Counties of Darlington and 
Abbeville the Board of Assessors for the various tax districts shall consist 
of the Boards of Trustees for the respective school districts, and they shall 
perform all duties and receive such comijcnsation as is now provided by 
law for Township Assessors : Provided, That in School District No. 22, in 
Abbeville County, the Board of Trustees of said school district shall select 
three of their number to perform the duties of Tax Assessors in said school 
district : Provided, That in the County of Richland the Boards of Assessors 
for the various tax districts outside of the Citj' of Columbia shall consist 
of the trustees for the respective school districts, and they shall jDerform 
all duties and receive such compensation as is now provided by law for 
Township or Tax District Assessors : Provided, further. That in the County 
of Saluda the Board of Assessors for the various tax districts shall consist 
of the Chairmen of the Board of Trustees for the respective school districts. 



CIVIL CODE OF SOUTH CAROLINA 197 

and they shall perform all duties and receive such compensation as is now 
provided by law for Township or Tax District Assessors: Provided, That 
there shall be appointed bj' the Governor, by and with the advice and eon- 
sent of the Legislative Delegation for Hampton County, one suitable per- 
son for each school district in Hampton Countj^, residing within such 
school district, who shall be vested with power and authoritj', and whose 
duty it shall be to report to the Board of Assessors for Hampton County, 
before the annual meeting of such Board of Assessors for Hampton County 
each year, a list of the personal property owned by each person in such 
school district represented by them, respectively, including the qualifications 
of each and every person resident within such school district for the pay- 
ment of poll and road tax, and who shall, in addition thereto, report the 
number of dogs owned by each and every person residing within such 
respective school district: Provided, That said School District Assessors 
are hereby empowered to make a thorough investigation of all returns, and 
if same are found by them to be incorrect, they are herebj^ authorized 
and required to report same to the County Auditor, whereupon the County 
Auditor shall be required to enter same upon his books for collection; 
Provided, further, That said School District Assessors are hereby author- 
ized and required to report any and all land not returned in their respective 
districts for taxation to the County Auditor, who shall enter the same for 
collection: Provided, further, That the School District Assessors and 
the County Auditor shall constitute a committee and are authorized, em- 
powered and directed to hear any and all complaints from taxpayers, and if 
said returns appear to be unjust or incorrect, they shall have power to cor- 
rect same: Provid.ed, further, That the said School District Assessors shall 
make their report to the County Auditor on or before the first day of May 
of each year. That such persons, when so appointed by the Governor, 
shall receive as compensation for their services, upon the filing of their 
report to the County Board of Assessors, the sum of five ($5.00) dollars 
for each and every day actually engaged in the discharge of their duty, 
not to exceed five (5) days in any one calendar year. That the tenure of 
ofSce of such person shall be at the pleasure of the Governor, and until their 
successors are appointed and qualified. 

That before entering upon the discharge of their duties, such persons, 
upon their appointment by the Governor, shall qualify by taking the oath 
of office provided for other county and State officers: Provided, That the 
Governor, upon recommendation of the members of the General Assembly 
from Marlboro County, or a majority thereof, shall appoint three compe- 
tent men in each school district in Marlboro County, who shall constitute a 
Board of Tax Assessors, whose duty it shall be to equalize and assess all 
property for taxation as now provided by law with the same duty, powers 
and authority as now granted to Township Boards of Assessors by law. 
The said Board of Assessors in each school district shall elect one of their 
number Chairman, who shall preside over their meetings, and the Chair- 
man of all the School District Boards of Assessors shall constitute the 
County Board of Assessors for the purpose of equalizing and assessing the 
property for taxation within the said county with the same duties, powers 
and authority now conferred by law upon the County Board of Assessors : 



198 CIVIL CODE OF SOUTH CAROLINA 

Provided, That in Florence County there shall be appointed for each 
school district Boards of Assessors for the equalization of property, said 
Boards to bo appointed and to perform the duties as is now provided for 
by law: Provided, That the Governor shall appoint, upon the recommen- 
dation of a majority of the Legislative Delegation, two conipetent persons 
in each township of Cherokee County, who, with the ToAvnship Commis- 
sioner from such township, shall constitute the Township Board of Asses- 
sors. They shall be appointed for a term of two years from the date of their 
appointmeut, and shall remain in office until their successors shall have been 
duly appointed. It shall be the duty of said Township Assessors to value 
and' assess for taxation, all the property within their respective townships, 
and the Township Commissioners shall constitute the Board of Equaliza- 
tion. Said Assessors shall receive as compensation, the sum of three dollars 
per day, for each day actually engaged in their duties, not to exceed twenty 
days in each year. 

Civ. '12, § 417; Civ. '02, § 376; 1899, XXII, 116; 190U, XXIII, 284; 1901, XXIII, 671; 
1908, XXV, 1190; 1912, XXVII, 679; 1914, XXVIII, 760; 1916, XXIX, 832, 835; 1917, 
XXX, 347; 1918, XXX, 722; 1919, XXXI, TJO; 1920, XXXI, 780, 859; 1921, XXXII, 163. 

(470) § 3. Compensation of Township and City Board of Assessors. — 

That the Township Assessors and City Board of Assessors of the various 
counties and towns and cities of the State shall each receive as a compen- 
sation for their service, the sum of two dollars per day for the time actually 
employed, not to exceed three days in any one year, except in those years 
when real estate is to be assessed, when the numbers of days charged for 
shall not exceed five : Provided, That in those townships or tax districts in 
which is situated an incorporated town or city of one thousand and less 
than five thousand inhabitants they shall be paid for not exceeding five 
days ; and in those townships or tax districts in which there is an incor- 
porated town or city or manufacturing community of four thousand and 
less than ten thousand they shall be paid for not exceeding ten days ; and in 
those townships or tax districts in which there is an incorporated town or 
city of ten thousand inhabitants or more they shall be paid for not exceed- 
ing thirty days : Provided, further, That no per diem shall be paid unless 
accompanied by the affidavit of such members gi^dng the number of days 
actually emploj-ed and by the certificate of the County Auditor to the 
efii'ect that such member has fully performed all the duties required by this 
Article and the Chairman of all townships: Provided, further. That in 
Hampton County the said Board of Township Assessors shall each receive 
as compensation for his services, in the performance of the duties devolv- 
ing upon them as such Assessors, two dollars per day, without mileage, for 
each day actually employed in the performance of their duties, not exceed- 
ing three days in each year ; and the members of the said Board of Equaliza- 
tion shall each receive three dollars per day for each day employed in the 
performance of their duties as such Equalization Board for not exceeding 
three days in each year, in addition to the time employed with the Board of 
Assessors : Provided, That no per diem of any member of said Board shall 
be paid unless a statement of the claim shall be presented, showing the num- 
ber of days actually employed, accompanied by the affidavit of the claimant 



CIVIL CODE OF SOUTH CAROLINA 199 

to the effect that such niimber of days have been employed in the perform- 
ance of their duties and by a certificate of the County Auditor to the same 
effect: Provided, further, That the Special Board of Assessors for the City 
of Greenville shall each receive as compensation for his services the sum of 
three dollars per day for the time actually employed, not to exceed sixty 
days in any one year, except in those years when real estate is to be assessed, 
when the number of da.ys charged for shall not exceed ninety. Said Board 
may employ a Clerk, who shall receive as compensation for his services the 
sum of three dollars per day for the time actually employed, not exceeding 
the periods last above mentioned, and an Appraiser, who shall receive as com- 
pensation for his services the sum of five dollars per day for the time 
actually employed, not exceeding the periods last above mentioned. 

Civ. '12, § 418; 1902, XXIII, 1085; 1908, XXV, 1190; 1914, XXVIII, 475, 565. 

(471) § 4. Duties of Township Assessors Devolving on Township Com- 
missioners in Certain Counties. — In the Counties of Barnwell, Beaufort, 
Charleston, Chester, the duties of the Township Boards of Assessors are 
devolved upon the Township Boards of Commissioners, who, upon taking 
the oath prescribed by the Constitution (Article III, Section 26), shall 
meet at some convenient place in their respective districts for the purpose 
of assessing the value of real and personal estate in their tax districts for 
taxation. The Chairmen of the Township Boards of Commissioners .shall 
be ex officio members of the County Boards of Equalization in said counties. 

Civ. '12, § 419; Civ. '02, § 377; G. S. 2.53; R. S. 306; 1899, XXIII, 117, § 8; 1900, 
XXIII, 280; 1901, XXIII, 666; 1902, XXIII, 1084; 1903, XXIV, 27; 1912, XXVII, 679; 
1914, XXVIII, 760. 

(472) § 5. Compensation of Township Assessors. — Each member of the 
Township Board of Commissioners shall receive for his services in perform- 
ing the duties devolved upon him by Section 4 two dollars for each day 
actually employed, not exceeding three days: Provided, That in those 
townships or tax districts in which is situated an incorporated town or city 
of one thousand and less than five thousand inhabitants they shall be paid 
for not exceeding five daj"s ; and in those townships or tax districts in which 
there is an incorporated city or town of five thousand and less than ten 
thousand inhabitants they shall be paid for not exceeding ten days ; and in 
those townships or tax districts in which there is an incorporated town or 
city of ten thousand inhabitants or more they shall be paid for not exceed- 
ing twenty days : Provided, further, That no per diem shall be paid unless 
accompanied by the affidavit of such member, giving the number of days 
actually employed, and by the certificate of the County Auditor to the effect 
that such member has fully performed all the duties required by this Arti- 
cle, and the Chairmen of said Township Boards of Commissioners when 
acting as members of the County Board of Equalization shall receive as 
compensation for their services three dollars per day for each day actually 
employed in performing such duties, and mileage at five cents per mile each 
way for travel actually performed, to be paid by the County Treasurer 
upon the warrant of the County Board of Commissioners on the certificate 
of the County Auditor. 

Civ. '12, § 420; Civ. '02, § 378; 1897, XXII, 468, § 7; 1909, XXVI, 35. 



200 CIVIL CODE OF SOUTH CAROLINA 

(473) § 6. Compensation of County Board of Equalization. — The mem- 
bers of the County Board of Equalization of the various counties of this 
State shall each receive as a compensation for their service the sum of two 
dollars per day for the time actually engaged and five cents per mile for 
necessary travel, the number of days charged for in anj^ one year not exceed- 
ing five, except in those j^ears when real estate is to be assessed, when the 
number of days charged for shall not exceed ten : Provided, That in Green- 
ville county such compensation may be charged for not exceeding ten days 
in any one year, except in those years when real estate is to be assessed, 
when the number of days charged for shall not exceed twenty: Provided, 
further, That in the County of Berkeley, the members of the said Board 
shall receive as compensation for their services three ($3.00) dollars each 
per day for the time actually spent in attending the duties of said Board, 
together with a mileage fee of ten cents per mile one way for the distance 
necessary to be traveled by each member in getting from his home or place 
of business to the court by most direct route. 

Civ. '12, § 421; Civ. '02, § 378; G. S. 255; R. S. 310; 1882, XVII, 1020; 1902, XXIII, 
476; 1914, XXVII, 476; 1920, XXXI, 780. 

(474) § 7. Duty of County Auditor and Township Assessors to Seek for 
Property Unreturned. — It shall be the duty nf the County Auditor and the 
Township Board of Assessors, on or before the first Tuesday of March in 
each year, to diligently seek for and discover all property, both real and 
personal, in his county subject to taxation and not previously returned or 
listed with him ; and it shall be his duty to list the same for taxation, giv- 
ing the valuation thereof, with the name of the owner or person to whom it 
is taxable. 

Civ. '12, § 422; Civ. '02, § 379-; 1897, XXII, 465, § 2. 

County Auditor to Lay Before Township Assessors List of Prop- 
erty Not Returned. — It shall be the duty of the County Auditor, on or 
before the first Tuesday of March in each year, to lay before the Township 
Boards of Assessors and the Special Boards of Assessors the returns of all 
property, both real and personal, made to him, together with a list of all 
property, both real and personal, which he can discover has not been 
previously returned or listed for taxation, as required by law, stating in 
the columns of remarks upon each return and list what he believes ought to 
be the valuation of the property returned or listed. 

Civ. '12, § 422; 1897, XXII, 465, § 3. 

(475) § 8. Annual Meeting of Township Boards of Commissioners and 
Assessors — Duties — Assessment of Real Estate. — The Township Boards of 
Assessors and Special Board of Assessors shall meet annually, on the first 
Tuesday in March, or as soon thereafter as practicable, at some convenient 
place or places for the purpose of performing the duties devolved upon 
them. It shall be their duty to carefully consider the returns and lists laid 
before them by the County Auditor, and if necessary to compare the same 
with the tax returns and tax duplicate for the previous year or years. 
They shall diligently seek for and discover all property, both real and per- 
sonal, in their respective tax districts not previously returned by the owner 



CIVIL CODE OF SOUTH CAROLINA 201 

or agents thereof or not listed for taxation by the County Auditor, and 
thereupon it shall be their duty to list the same for taxation in the name of 
the owner or person to whom it is taxable. It shall thereupon be their fur- 
ther duty to fairly and impartially assess the value of all property, both 
real and personal, in their respective tax districts, entering upon their 
returns and lists furnished them. And they shall have the right in per- 
forming their duties hereunder to increase or to lower the valuation of any 
property, real or personal, as fixed by the County Auditor or as returned 
by any person ; and it shall not be deemed material whether the return so 
increased was intentionally or unintentionally false, or whether the prop- 
erty whose value is so raised was intentionally or unintentionally returned 
at less than its fair cash value by the County Auditor and upon the lists 
made out by them, the valuation fixed by them ; but they shall not reduce 
the aggregate value of real and personal property below the aggregate 
value thereof as returned by the County Auditor, said returns and lists 
with said valuations to be by them laid before the County Auditor on or 
before the third Tuesday of March in each year : Provided, hoivever, That 
real estate shall be valued and assessed by said Board only in those years 
when real estate is by law required to be returned, except that the Board 
may, in any year, value and assess any real estate and improvements thereon 
which they may ascertain or discover have not previously been returned or 
assessed for taxation. Whenever the valuation and assessment of any prop- 
erty is fixed by said Boards at a sum greater by one hundred dollars or 
more than the amount returned bj^ the owner or his agent, or whenever any 
property is valued and assessed for taxation which has not been previously 
returned or assessed, it shall be the duty of the County Auditor, on or before 
the fourth Monday in March of the year in which the valuation and assess- 
ment is made, to give to the owner or agent of such property written notice 
thereof, which notice may be served upon such owner or his agent person- 
ally, or by mailing the same to such person or his agent at his last known 
place of residence, and such owner or his agent, if he objects to such valua- 
tion and assessment, shall have the right of appeal to the County Board of 
Comamissioners sitting on the County Board of Equalization, which appeal 
shall be heard by said County Board. The account of the County Auditor 
for the necessary stationery and postage to enable him to give the notice 
herein required shall be a valid claim against the county and shall be paid 
as other county claims are paid. Nothing in this Article contained shall be 
construed as interfering with the duty of the County Auditor of adding 
fifty per cent, to the value of personal property as a penalty, as provided 
in Sections 6, IS, 23, and 25 of Article XII of this Chapter, nor with the 
duties of the County Auditor prescribed in Section 19 of Article XII of this 
Chapter. The Special Board of Assessors for the City of Greenville shall 
personally visit and inspect every piece of real property in said city in each 
year when real estate is by law required to be returned; and in all other 
years they shall personally inspect all real estate and improvements thereon 
not previously assessed for taxation. They shall lay said returns and lists, 
together with their valuations, before the County- Auditor on or before the 
first Tuesday in May in each year when real estate is by law required to be 
returned, and on or before the first Tuesday in April in all other years: 



202 CIVIL CODE OF SOUTH CAROLINA 

Provided, That such additional time as may be necessary for the proper 
performance of their duties in any year may be granted to said Board by a 
resolution or resolutions adopted by a majority of the Greenville County 
Delegation to the General Assembly. 

Civ. '12, § 423; Civ. '02, § 380; 1897, XXII, 465; 1901, XXXIII, 617; 1914, XXVIII, 

477. 

(476) § 9. Each Township Commissioner to Canvass Territory. — Bach 

Chairman, or his agent, of the Boards of Assessors of the townships of the 
State shall, under the direction and supervision of the County Auditor, 
canvass the territory within which his Board is charged with the assessment 
of property for taxation, immediately after the expiration of the time 
limited for returning property for taxation, for the purpose of discovering 
and having placed upon the tax books all taxable property of every descrip- 
tion, and polls, which has not been returned to the County Auditor, and 
shall make a sworn written report of all such property and polls to the 
County Auditor. The said Chairman, or his agent, shall receive from the 
county a per diem of two dollars for each day while actually engaged in 
making such canvass for not more than five days in any one year : Provided, 
Said return of polls shall be in lieu of return of polls now required by law 
t-o be made by school trustees. 
Civ. '12, § 424; 1905, XXIV, 901, § 1. 

(477) § 10. Compensation of Chairman of Board of Assessors for Can- 
vass in Incorporated Cities and Towns. — ^^In those townships or tax dis- 
tricts in which there is an incorporated city or town of four thousand 
inhabitants and more, said Chairman, or his agent, shall receive from the 
county a per diem of tw^o dollars for each day while actually engaged in 
making such canvass, for not more than ten days : Providied, further, That 
no per diem shall be paid unless accompanied by the affidavit of such Chair- 
man, or his agent, giving the number of days actually employed, and by the 
certificate of the County Auditor to the effect that such Chairman, or his 
agent, has fully performed the duties required by this and the preceeding 
Section, and is entitled to said per diem. 

Civ. '12, § 425; 1905, XXIV, 901, § 2. 

(478) § 11. Alphabetical List of Persons.— It shall be the duty of the 
County Auditor, immediately after the exi^iration of the time limited for 
returning property, to prepare for each township or tax district in his 
county an alphabetical list of all persons who have made returns of prop- 
erty and polls for taxation, for the use of the Chairman of the Board of 
Assessors in making the canvass herein provided for. 

Civ. '12, § 426; 1905, XXIV, 901, § 3. 

(479) § 12. When County Boards of Equalization Shall Meet.— The 

County Boards of Equalization shall meet on the fourth Tuesday in March 
in each year, and at such other times as the Chairman or a majority of the 
Board shall direct, at the office of the County Auditor, who shall act as 
their Clerk. The County. Board of Equalization for the County of Green- 
ville shall also meet each j^ear at the office of the County Auditor within 
three days of the issuing by him of notice that a special Board of Assessors 



CIVIL CODE OF SOUTH CAROLINA 203 

for the City of Greenville have completed the work of equalizing the valua- 
tions of the real and personal property of said city. The County Auditor 
shall thereupon lay before them the returns of property made to him and 
all property listed by him and bj^ the Board of Township Assessors and 
special Boards of Assessors. Each member, having taken an oath, before 
some officer duly qualified to administer the same, fairly and impartially to 
equalize the value of the real and personal property of their county accord- 
ing to the provisions of law, the Board shall immediately proceed to equalize 
the valuations fixed by the Board of Township Assessors and special Board 
of Assessors so that each piece of property shall be entered on the tax list 
at its true value. They shall hear all grievances and appeals from the 
valuations and assessments fixed by the Township Boards of Assessors and 
special Boards of Assessors and act upon the same. For the purpose of 
performing their duties said Board shall also observe the following rules : 

First. They shall raise the valuation of such tracts and lots of real prop- 
erty, or articles of personal property, as in their opinion have been returned 
or assessed below their true value to such price or sum as they may believe 
to be the true values thereof, and due notice shall be given to the owner or 
agent of such property. 

Second. They shall reduce the valuation of such tracts and lots of real 
property, and articles of personal property, as in their opinion have been 
returned or assessed doove their value as compared with the average valua- 
tion of the property of such county, having due regard to the relative situ- 
ation, quality of soil, improvement and natural and artificial advanfages 
possessed by each tract or lot of real property. 

Third. They shall not reduce the aggregate value of real and personal 
property below the aggregate value thereof as returned to the County Audi- 
tor. The Auditor shall keep an accurate journal or record of the proceed- 
ings and orders of said Board. 

Any person whose property has been or may be assessed before its true 
value who cannot secure relief from said Board shall have the right to 
appeal to the Comptroller General, to whom shall be forwarded all testi- 
mony relative to each alleged grievance, and who shall act thereupon. 

In the County of Berkeley the said Board of Equalization shall meet at 
least two and not more than six days in each year immediately after the 
time for making tax returns has expired for the purpose of executing the 
duties of such Board as prescribed by law, and they shall meet at least one 
day after the Auditor's books have been prepared for the piirpose of com- 
paring returns with the Auditor's books and making corrections, if any 
be necessary. 

Civ. '12, § 427; Civ. '02, § 381; 1897, XXII, 466; 1914, XXVIII, 478; 1920, XXXI, 780. 

The decision of the County Bofird can onlv he reviewed on this appeal. State v. Cromer, 35 
S. C. 213, 14 S. E. 493; State v. Covington, 35 S. 0. 245, 14 S. E. 499. 

(480) § 13. Valuations Thus Made to Be Adopted by Auditor. — Thd 

said returns and list of taxable property, with the valuations fixed as 
hereinbefore provided, shall thereupon be adoiJted by the Coi;nty Auditor 
for the purposes of taxation for the ensuing year, and shall be permanently 
entered of record by him upon the tax books of his county. 

Civ. '02, § 382; 1897, XXII, 466, § 6. 



204 CIVIL CODE OF SOUTH CAROLINA 

(481) § 14. How Board of Assessors Appointed in Cities and Towns.' — 

The Governor shall appoint, upon recommendation of the Senator and mem- 
bers of the House of Representatives from the respective counties, three 
discreet electors in each incorporated city and town of this State having a 
population of not less than five hundred inhabitants, who shall be known 
as the Board of Assessors of such cities and towns, whose terms of office 
shall be eoterminal with that of the Governor by whom such Assessors 
shall have been appointed, and, until their successors shall have been 
appointed and qualified. The duties heretofore devolved upon the Town- 
ship Board of Commissioners as Assessors shall be devolved upon the Board 
of Assessors herein provided for within the limits of their respective cities 
and towns : Provided, That nothing contained in this Section shall be con- 
strued as afPecting the Special Board of Assessors in the cities of Charles- 
ton and Columbia. 

Civ. '12, § 429; Civ. '02, § 383; 189T, XXII, 466, § 9. 

(482) § 15. Special Board — Equalization for City of Charleston — Pow- 
ers — Duty of County Auditor. — There shall be a special Board for the 
equalization of real and personal property, moneys and credits in the City 
of Charleston, to be comiDosed of the County Auditor and six citizens of 
said city, to be elected by the City Council of Charleston, and subject to 
removal by the said City Council, which Board shall meet annually at the 
County Auditor's office on the first Tuesday in March, and shall have 
power to equalize the value of the real and personal property, moneys and 
credits within said city, and shall be governed by the rules, provisions and 
limitations prescribed for the government of the annual County Boards of 
Equalization : Provided, however. That if for any reason the Special Board 
of Equalization of real and personal property, money and credits in the 
City of Charleston shall consider it advisable to have a reassessment of 
real estate in said city in any year, said Board shall order such reassess- 
ment to be made by the Board of Assessors for the City of Charleston, and 
by advertisement in some newspaper published in the City of Charleston, 
once a week for four weeks previous to the first day of January in any 
year, order and require all persons in said city to make returns of real 
estate, as well as personal property, in such year in the manner provided 
by law, but said Board shall not continue in session for more than two 
weeks in one year ; and it shall be the duty of the County Auditor, and he 
is hereby required, on or before the twentieth day of March, in each and 
every year, to furnish to the municipal authorities, for the purpose of 
municipal taxation, an abstract of the real and personal property in the 
City of Charleston, with the assessment of valuation thereon, according 
to the said County Auditor's books. And in order that the said County 
Auditor may comply with this requirement, the City Assessor of the City 
of Charleston, his deputies and clerks, shall attend and assist the County 
Aiiditor in his office, and under his direction, control and supervision, 
between the first day of January and the twentieth day of March, shall 
receive and enter the tax returns for all propertj' within the County of 
Charleston, that is within the corporate limits of the Cit.y of Charleston, 
and make an abstract with the assessment of valuation thereon, according 
to the County Auditor's books, which abstract shall be certified by the 



CIVIL CODE OF SOUTH CAROLINA 205 

Comity Atiditor as a complete assessment of the property assessed, and 
such abstract so made and certified shall be deemed official and shall be 
available as a basis for the assessment of such taxes for municipal purposes 
on or before the twentieth day of March in each year. 

Civ. '12, § 430; Civ. '02, § 384; G. S. 256; R. S. 311; 1897, XXII, 430; 1910, XXVI, 626. 

(483) § 16. Special Board for the City of Columbia. — There shall be a 
Special Board of Assessors for the City of Columbia, to consist of three 
discreet residents of said city, to be appointed annually by the City Council 
of the City of Columbia on or before the first day of January in each and 
every year, who shall have all the duties, powers, privileges and compensa- 
tion as are now devolved by law upon the Board of Township Assessors 
for Columbia Township so far as said duties, powers and privileges relate 
to the assessment and valuation of property in the City of Columbia, and 
the duties, powers and privileges of the said Board of Township Assessoi's 
for Columbia Township so far as they relate to the assessment and valua- 
tion of property shall be confined to so much of Columbia Township as 
lies outside of the limits of the City of Columbia. 

Civ. '12, § 431; Civ. '02, § 38.5. 

(484) § 17. Special Board of Assessors for Towns of Manning and Sum- 
merton. — There shall be a special Board of Assessors for the Town of 
Manning and the Town of Summerton, respectively, to consist of three dis- 
creet residents and freeholders of said towns, to be appointed annually by 
the Town Council of the Tovny of Manning and the Town of Summerton, 
respectively, on or before the first day of May in each and every year, who 
shall have all the duties, powers, privileges and compensations as are now 
devolved by law upon the Board of Township Assessors for Manning, 
Friendship and Concord Townships, so far as said duties, powers and 
privileges relate to the assessment and valuation of property in the Town 
of Manning and the Town of Summerton, respectivelj^, and the duties, 
powers and privileges of the said Board of Township Assessors for Man- 
ning, Friendship and Concord Townships, so far as they relate to the assess- 
ments and valuation of property, shall be confined to so much of Manning, 
Friendship and Concord Townships as lies outside of the limits of the 
Towns of Manning and Summerton. 

Civ. '12, § 432; 1908, XXV, 1126. 

(485) § 18. Special Board of Assessors for Florence. — That there shall 
be a Special Board of Assessors for the City of Florence, to consist of three 
discreet residents and freeholders of the said city, to be appointed annually, 
by the Citj' Council of said city, on or before the first day of May of each 
and every year, who shall have all the duties, powers and compensation 
that are now devolved by law upon the Board of Township Assessors for 
Florence Township, so far as said duties, powers and compensation relate 
to the assessment and valuation of property in the City of Florence: Pro- 
vided, They may receive such additional compensation for their services 
as may be allowed by the City Council of said city and paid out of the city 
treasury. 

1914, XXVIII, 756. 



206 CIVIL CODE OF SOUTH CAROLINA 

(486) § 19. Board of Assessors for Town of Lake City. — There shall be 
a Special Board of Assessors for the Town of Lake City, to consist of three 
discreet residents and freeholders of said town, to be appointed annually 
bj^ the Town Council of the Town of Lake City on or before the first day of 
May, 1913, in each and every year, who shall have all the duties, powers, 
privileges- and compensations as are now devolved by law upon the Board 
of Township Assessors for Lake City Township, so far as said duties, 
powers and pri^dleges relate to the assessment and valuation of property in 
the Town of Lake City. 

1913, XXVIII, 200. 

(487) § 20. Board of Equalization. — There shall be a special Town 
Board of Equalization for the Town of Lake City, composed of three resi- 
dent freeholders, to be appointed by the Town Council of the Town of Lake 
City. Their duties shall be the same, as affecting the property in said 
town, and the Special Board of Assessors for said Town of Lake City (as 
above provided), as provided in Section 12 of this Article. There may 
be appeals from the Special Town Board of Assessors to the Special Town 
Board of E(iualization, and the decision of the latter shall be final as affect- 
ing the property of the Town of Lake City, and the Chairman of "said 
Special Board of Equalization shall report the result of both Boards as to 
the assessment of all property in the Town of Lake City to the County 
Auditor. 

1913, XXVIII, 200. 

(488) § 21. Special Town Board of Equalization for Towns of Man- 
ning and Summerton.- — There shall be a Special Town Board of Equaliza- 
tion for the Towns of Manning and of Summerton, respectively, composed 
of three resident freeholders, to be appointed by the Town Council of the 
Town of Manning and of Summerton, respectively. Their duties shall be 
the same, affecting the property in said towns, and the Special Board of 
Assessors for saidTown of Manning and of Summerton (as above provided), 
as provided in Section 12 for County Board of Equalization. There may 
be appeals from the Special Town Board of Assessors to the Special Town 
Board of Equalization, and the decision of the latter shall be final as affect- 
ing the property of the Town of Manning and of the Town of Summerton, 
and the Chairman of said Special Boards of Equalization shall report the 
result of both Boards as to the assessment of all property in the Town of 
Manning and the town of Summerton to the County Auditor. 

Civ. '12, § 4.^3; 1908, XXV, 1126, § 3. 

(489) § 22. County Auditor to Add to, or Deduct From, Valuation as 
Directed by the Board. — The County Auditor shall add to, or deduct from, 
the value oi real estate or personal property such per centum, in \'illages', 
towns, wards, blocks, or other districts, as may be ordered by the Board of 
Equalization of the city or county, as the ease may be, on the duplicate, 
distributing the same pro rata to each owner, and shall add to, or deduct 



CIVIL CODE OF SOUTH CAROLINA 207 

from, the valuation of the real or personal property of individuals, com- 
panies, or corporations, such sum or sums as may be ordered by either of 
said Boards. 

Civ. '12, § 43't; Civ. '02, § 386; G. S. 2.57; R. S. 312; 1897, XXII, 1021. 

Auditor cannot add to the valuation of property of corporations where same has been approved 
by the Board. State v. Cromer, 3.5 S. C. 213, 14 S. E. 493; State v. Covington, 35 S. C. 245, 14 
S. E. 499. 

(490) § 23. Uniform Assessment. — Taxes for township, school, munic- 
ipal and all other purposes provided for or allowed bj^ law shall be levied 
on the same assessment, which shall be that made for State taxes. 

MuNiciPiVii Authorities to Copt Assessment from Auditor's Books. — 
All persons f;harged with the assessment or collection of taxes for municipal 
purposes may copy from the County Auditor's books the assessment of 
valuation thereon found, and may use the same as the basis for the assess- 
ment of taxes for mimieipal purposes : Provided, That nothing herein con- 
tained shall prevent the municipal authorities from assessing and collecting 
taxes upon property not upon the Auditor's books. 

Civ. '12, § 135; Civ. '02, § 387; 1896, XXII, 59. 



CHAPTER XV. 

The Collection of Taxes. 

Article I. The County Treasurer — appointment, tenure of office, com- 
pensation, etc., 207. 

Article II. Powers and Duties of County Treasurer and general provi- 
sions concerning the collection of taxes, 208. 

Article III. Remedies and proceedings for relief of taxpayers, 215. 

Article IV. Enforced collection of delinquent taxes, 219. 

Article V. Annual settlement of County Treasurers, 225. 



ARTICLE I. 

The County Treasurer — Appointment, Tenure of Office, Compensation, 

Etc. 

(491) § 1. County Treasurer — How Appointed — Bond. — The Governor 
is authorized by, and with the advice and consent of, the Senate, to appoint 
for each county in the State a County Treasurer, who shall hold office for 
four years, and until his successor is appointed and qualified, and whose 
term of office shall commence on the 1st day of July following the general 
election in the year preceding his appointment or election: Protnded, The 
term of office of the Treasurers of the Counties of Bamberg, Berkeley, 
Horry, Jasper, Lexington, and Williamsburg, shall be for two years and 
until their successors are appointed and qualified : And provided, further, 
That the Treasurer of the County of Beaufort shall be elected by the quali- 
fied electors of said county at the general election for the year 1914 and 
every four years thereafter by said qualified electors. Before entering 
upon the duties of his office he must take and subscribe the oath of office 



208 CIVIL CODE OF SOUTH CAROLINA 

prescribed by the Constitution, and also the oath with respect to dueling. 
The Governor may require from said officer such bond as lie may deem 
necessary, but the bond of the County Treasurer of Charleston County 
shall not be less than fifty thousand dollars ; the bond of the County Treas- 
urer of the Counties of Richland and Beaufort, respectively, not less than 
thirty thousand dollars ; the County Treasurers of Saluda, Dorchester and 
McCormick, respectively, ten thousand dollars, and the Comity Treasurer 
of Berkeley County twelve thousand dollars ; the County Treasurer of 
Bamberg County fifteen thousand dollars ; the County Treasurer of 
Georgetown County twenty-five thousand dollars, and the County Treas- 
urer of Horry County thirty thousand dollars, and the bond of the County 
Treasurers of the other counties, respectively, not less than twenty thou- 
sand dollars. 

Civ. '12, § 440; Civ. '02, § 392; 1897, XXII, 410, 440, 603, 584; 1898, XXII, 744; 1904, 

XXIV, 426; 1907, XXV, 629, 633; 1908, XXV, 1031; 1912, XXVII, 746; 1913, XXVIII, 

47, 146; 1914, XXVIII, 533, 617, 619, 627; 1915, XXVIII, 420, 445, 447, 515, 532; 1916, 

XXIX, 754, 793, 798, 799, 804; 1917, XXX, 120, 121; 1918, XXX, 798; 1919, XXXI, 75, 

127, 132, 164; 1920, XXXI, 1041; 1921, XXXII, 41. 

Liability on bond. Greenville Co. v. Eunion, 9 S. C. 1 : State v. Teague, 6 S. C. 149: State v. 
Baldwin, 14 S. C. 139; Toi-k Co. v. Watson, 15 S. C. 9 ; Aiken Co. v. Murrav, 35 S. C. 508, 14 S. E 
954. 

(492) § 2. Suspension and Removal From Office. — County Treasurer 
shall be subject to suspension and removal from office by the Governor, 
upon the same grounds and in the same manner as prescribed in Section 
2 of Article XII of Chapter XIV of this Volume in relation to County 
Auditors, and all the provisions of said Section are hereby made applica- 
ble in cases of suspension and removal of County Treasurers. 

Civ. '12, § 441; Civ. '02, § 393; G. S. 222; R. S. 318; 1897, XXII, § 207. 

(493) § 3. Treasurers of Charleston and Berkeley Counties May Ap- 
point Deputies- — Duties and Compensation. — The Treasurer of Cliarleston 
County may appoint one deputy and the Treasurer of Berkeley County 
three deputies, whose duty it shall be to assist in the collection of taxes in 
said counties, respectively. Each deputy shall receive as compensation for 
his services the same commissions as are paid for collection of taxes to the 
County Treasurer, but the total amount paid to such deputy in any current 
year shall not exceed five hundred dollars. Their duties shall be confined 
to the collection of simple taxes and shall not include penalties attached 
thereto. They shall give such bond for the faithful performance of their 
duties as said Treasurers, respectively, shall require. 

Civ. '12, § 442; Civ. '02, § 394; G. S. 265; R. S. 319; 1897, XXII, 1023, § 249; 1882, 
XVIII, 98, 223. 



ARTICLE II. 

Powers and Duties of County Treasurers, and General Provisions Con- 
cerning the Collection of Taxes. 

(494) § 1. When Office to Be Kept Open.— The County Treasurer shall 
keep his office open for the receipt of taxes during the times fixed from time 
to time by law. 

Civ. '12, § 443; Civ. '02, § 396; 1882, XVII. 1023, § 246. 



CIVIL CODE OF SOUTH CAROLINA 209 

(495) § 2. County Treasurer May Attend Convenient Places to Collect 
Tax. — The County Treasurer of the respective counties may attend at 
certain safe and convenient places for the purpose of collecting taxes. 
They shall give twenty days ' public notice of the days when they will be at 
the places designated : Provided, That the provisions of this Section shall 
not apply to the Counties of Orangeburg, Clarendon, Edgefield, Florence, 
Colleton, Pickens, Marlboro, Abbeville, Kershaw, Newberry, Calhoun, 
Saluda, Fairfield, Lancaster, Hampton, Barnwell, Dillon, Sumter, Spartan- 
burg, "Williamsburg, and York. 

Civ. '12, § 444; Civ. '02, § 397; 1896, XXII, 61; 1905, XXIV, 833; 1906, XXV, 44; 
1912, XXVII, 639. 

(496) § 3. Taxes Payable Annually — How Payable. — All taxes shall be 
due and payable between the 15th day of October and the 31st day of 
December after their assessment in each and every year ; they shall be pay- 
able in the following kinds of funds, and no other : Gold and silver coin. 
United States currency, national bank notes and coupons, which shall become 
due and payable during the current year on the consolidated bonds known 
as Brown Bonds, and the bonds of this State known as Blue Bonds, and 
any other State bonds which may be issued by authority of an Act of the 
General Assembly the coupons of which are by such Act made receivable 
for taxes : Provided, hoivever, That jury certificates and per diem of State 
witnesses in the Circuit Court and all county claims which have been 
approved and certificates issued by the Countj^ Board of Commissioners, 
shall be receivable for county taxes, not including school taxes ; and the 
several County Treasurers under the direction and supervision of the 
Comptroller General shall collect the same, in the manner prescribed by 
law, and give receipts therefor to the several parties paying the same, in 
which the real estate paid on shall be briefly described and the value of the 
personal property paid on shall be stated, together with the time such 
taxes are paid, the amount of the same, and the township wherein such 
propertj^ is located. Immediately upon the receipt of the tax duplicate for 
the j^ear from the County Auditor, the County Treasurer shall cause a 
notice to be inserted in one county newspaper in his county, stating the rate 
per centum of the levy for State purposes and the rate per centum for all 
other purposes on the duplicates for the current fiscal year; and if any 
special levies have been made on the property of the school or other district 
not affecting an entire county, the total rate of le^des shall also be stated in 
such notice. Said County Treasurers are forbidden to collect any other 
tax whatsoever levied for the fiscal year unless expressly authorized to do 
so, except the taxes authorized by law to meet the interest and to retire the 
bonds issued by counties and townships in aid of railroads, and bonds voted 
by townships in aid of railroads where the railroads have been completed 
through said townships, as taxes voted by towns or counties or assessed 
upon townships as subscriptions to railroads, and taxes to build fences 
under statutes authorizing and directing the same ; and except also the 
special school tax authorized to be levied in any school district of the State, 
and except such special tax or collections as are authorized under any Act 
or Joint Resolution of the General Assembly; said County Treasurers are 
hereby prohibited from collecting any tax except such as has been first 
entered upon the tax duplicate of their respective counties or upon the 



210 CIVIL CODE OP SOUTH CAROLINA 

order of the Auditors of said counties : Provided, That said County Treas- 
urers shall furnish the said Countj^ Auditors of their respective counties 
with the names of the taxpayers who may apply to pay their taxes against 
whom no taxes shall have been entered on the tax duplicate. Any State or 
county officer who shall fail to comply with or who shall evade or attempt 
to evade the provisions of this Section shall be deemed guilty of felony, 
and, upon con\uetion thereof, shall be punished by a fine not exceeding five 
thousand dollars or by imprisonment for a period not exceeding five years, 
or both, at the discretion of the court. 

Civ. '12, § 445; Civ. '02, § 398; G. S. 266; R. S. 324; 1S82, XVII, 1023; 1909, 
XXVII, 74. 

(497) § 4. Apportionment of Taxes on Lands Transferred After Return, 
But Before Time of Payment. — When the title or an iaterest in real or 
personal property, or any part thereof, shall have become transferred to or 
vested in any person not the owner at the time said property was assessed 
for taxation, before the expiration of the period for the pajnnent of taxes 
thereon, it shall be the duty of the County Auditor, upon the application of 
the person acquiring such title or interest subsequent to assessment, and 
before the period for paying taxes has expired, to apportion the .share of 
taxes due by the original owner upon that portion of or interest in the 
property acquired subsequent to assessment by the party so apphdng, and 
thereupon it shall be the duty of the County Treasurer to receive from the 
party so appljdng the proportionate share of taxes upon such part of 
interest so acquired since assessment as estimated by the Auditor, and give 
receipt for same, which receipt shall discharge such portion or interest 
from the taxes so assessed. 

Civ. '12, § 446; Civ. '02, § 399; G. S. 267; R. S. 325; 1882, XVII, 1024. 

(498) § 5. General Cash Account of County Treasurer — Entries — 
Account With School Districts.- — It shall be the duty of each County 
Treasurer of the several counties of the State to keep a book of entry con- 
taining a "General Cash Account" of the school fund of his county for 
each fiscal year, showing on the left-hand page the unexpended school fund 
for the previous year, the total poll tax, the total two mill tax, the total 
special tax and the total amount of other school funds for the current year, 
and showing on the right-hand page the date of payment by him, the date 
of approval by the School Co mm issioner, the school district's number, the 
School Trustees' number, the School Commissioner's number, and his num- 
ber (his number beginning with the figure 1 and running on up successively 
through the fiscal year), the name of the payee, the name of the person 
presenting, and the amount of each warrant paid by him during the fiscal 
year. The said Treasurer shall also keep an account in said book with each 
school district in his county showing the amount due to the district for the 
previous year, the poll tax, the two mill tax, the special tax and any other 
funds due the district for school purposes, and the date of pa;\Tnent by him, 
the date of approval by the School Commissioner, the school district's num- 
ber, the School Trustees' number, the School Commissioner's number, and 
his number (it being the same number as in the "General Cash Account"), 



CIVIL CODE OF SOUTH CAROLINA 211 

the name of the payee, the name of the person presenting, and the amount 
of each wariant paid by him during- the fiscal year, drawn on the fund of 
that district. 

Civ. '12, § 447; Civ. '02, § 400; 1892, XXI, 80. 

(499) § 6. When and How Money Forwarded to State Treasurer — 
Receipts — Duty Respecting Penalty. — Every County Treasurer shall, on 
the first and fifteenth days of each month, forward to the State Treasurer all 
the moneys collected bj^ him for or on account of the State taxes, specifying 
for and on account of what fund the same were collected, for which an 
original duplicate receipt shall be issued to him by the State Treasurer, of 
which the original shall be retained by the County Treasurer and the dupli- 
cate shall be forwarded by him to the Comptroller General ; and should 
said County Treasurer fail within ten days after he has received such 
receipt to send the same to the Comptroller General he shall forfeit and pay 
a sum not exceeding two hundred dollars, nor less than fifty dollars, to be 
recovered in any court having jurisdiction thereof, and the Comptroller 
General, upon information made to him, shall take the necessary measures 
to cause the same to be recovered. 

Civ. -12, § 448; Civ. '02, § 401; G. S. 273; R. S. 327; 1882, XVII, 1026, § 2.57; 1889, 
XX, 366. 

(500) § 7. Notifies County Commissioners of Funds Collected— Reports 
Monthly to County Superintendent of Education. — The Clounty Treasurer 
shall, on the first and fifteenth days of each month, report to the County 
Board of Commissioners of his county the amount of funds collected for 
and on account of the county and the character of such funds. He shall, 
on the fifteenth day of each month, report to the County Superintendent of 
Education the amount of collections and disbursements made by him for 
the month on account of poll tax and all other school funds. That the 
reports required by law to be made by the County Treasurer of Chesterfield 
Countj^ on the first Monday of each month to the County Commissioners 
shall show the amount of ordinary funds, road funds, special funds and 
school funds on hand, respectivelJ^ That the report shall show the amount 
of school funds on hand for each district and the amount, if any, unappor- 
tioned and the amount of road fund for each township. That it shall be 
the duty of the County Treasurer of Berkeley to make a monthly report 
to the County Board of Commissioners of the said county of all moneys 
received or paid out by him and all moneys on hand, said report to be made 
on the last day of each and every month in conformity with the report 
made bj- the said County Treasurer to the Comptroller General. 

Civ. '12, § 449; Civ. '02, § 402; G. S. 273; R. S. 328; 1882, XVII, 1027, § 257; 1912, 
XXXII, 695; 1918, XXXI, 696. 

(501) § 8. Monthly Report to Comptroller General. — He shall, on the 
first day of each month, report to the Comptroller General, in such manner 
as he shall direct, a full and complete statement of the previous month, or 
months, exhibiting the total collection made during the fiscal year, the 
amount disbursed, and cash on hand for, or on account of any levy or tax 
collected by him, which report .shall be denominated "The County Treas- 
urer's Monthly Report." The Treasurer shall transmit with his said report 



212 CIVIL CODE OF SOUTH CAROLINA 

the certificate of casliier of bank where funds are deposited, that the amounts 
shown in his hands by his cash balance are on deposit to his credit as Treas- 
urer, and if funds are not on deposit in a bank, then his own affidavit that 
the funds are, at time of making said report, in his own hands in cash ; also, 
an affidavit of County Auditor to the same effect. 

Civ. '12, § 4.50; Civ. '02, § 403; G. S. 273; R. S. 330; 1882, XVII, 1027, § 257; 1907, 
XXV, 486; 1915, XXIX, 239. 

(502) § 9. County Treasurer Required to Deposit Certain Funds at 
Interest. — Whenever there is in the hands of any County Treasurer of this 
State any sum of money not necessary for current expenses, or which will 
apparently not be demanded for six months or more, said Treasurer shall 
deposit the fund or sum of money in some chartered bank, at such rate of 
interest as may be secured for the best interest of the county. The interest, 
when collected, shall be added to the fund or funds and paid out as other 
funds of the same sort are paid. 

The Treasurer may require of the bank in which such fund or funds are 
deposited at interest a depositor's guaranty bond for the protection of the 
fund or funds, the same to be paid for out of the fund for which .such 
guarantj' is provided. 

Civ. '12, § 451, 1909, XXVI, 166. 

(503) § 10. Annual Report to Superintendent of Education.^ — He shall 

make out and forward annually to the Superintendent of Education, on the 
first day of November, a certified statement showing by school districts the 
amount of poll and all other school taxes collected by him for the fiscal 
year ending on the thirty-first day of October next preceding. 

Civ. '12, § 453; Civ. '02, § 404; G. S. 1023; R. S. 331; 1878, XVII, 584, § 52. 

(504) § 11. Annual Report to Court of General Sessions^ — Exceptions — 

He shall made an annual report to the presiding Judge, at the second term 
of the Court of General Sessions in his county, which shall be held after the 
first day of January in each year, of the number, character and amount of 
claims paid by him on orders of County Commissioners and of County 
School Commissioners and to whom paid, which report shall be submitted 
by said Judge to the grand jury for their examination, and shall be filed 
by the Clerk of said Court and kept in his office for public inspection. He 
shall cause said report to be published at least two weeks before the sitting 
of the court, in some newspaper published in the county. The County 
Treasurers of Fairfield, Florence, Chesterfield, Clarendon, Marion, Wil- 
liamsburg, Edgefield, Sumter, Colleton, Chester, Orangeburg, Greenville, 
Darlington, York, Pickens, Beaufort and Aiken Counties shall not be 
required or allowed, at public expense, to publish annuallj^ the itemized 
statements of their disbursements. 

Civ. '12, § 453; Civ. '02, § 405; R. S. 332; 1882, XVII, 892, §§ 4, 6; 1889, XX, 319; 
1900, XXIII, 355; 1906, XXV, 45; 1910, XXVI, 632. 

Act, 1906, XXV, 45 w.ns held unconstitutional in State ex rel. Fooslie r. Burley, Supervisor, 80 
S. C. 127, 61 S. E. 225. Fairfield County is included in above Section under Act 1910, XXVI, 632. 

(505) § 12. Delinquent Taxes — Penalty — Execution. — That when the 
taxes and assessments or any portion thereof charged against an\^ property 
or party on the duplicate for the current fiscal j^ear, shall not be paid on or 



CIVIL CODE OF SOUTH CAROLINA 213 

before the 31st daj' of December, the County Auditor shall proceed to add 
a penalty of one per cent., on the county duplicate, and the County Treas- 
urer shall collect the same ; and if the said taxes and assessments and pen- 
alties are not paid on or before the first day of February next thereafter, 
an additional penalty of one per centum thereon shall be added by the 
County Auditor on the comity duplicate and collected by the County 
Treasurer; and if said taxes, penalties and assessments are not paid on or 
before the first day of March next thereafter, an additional penalty of five 
per centum thereon shall be added by the County Auditor on the county 
duplicate and collected by the County Treasurer; and if the said taxes, 
penalties and assessments are not paid on or before the fifteenth day of 
March next thereafter, the said County Treasurer shall issue his tax execu- 
tion for the said taxes, assessments and penalties against the property of the 
defaulting- taxpayer, according to law. 

Civ. '12, § 454; Civ. '02, § 406; G. S. 276; R. S. 333; 1882, XVII, 1027; 1887, XIX, 862; 
1902, XXIII, 972; 1909, XXVI, 76. 

Koth I.. Pallachucola Club, 79 S. 0. 514, 517, 61 S. E. 77. 
Penalty not unconstitutional Ex parte Lynch, 16 S. C. 36. 

Execution need not specify amount of taxes due eacli fund. Dickson r. Burckmyer, 67 S C. 539, 
46 S. E. 343. 

Dillon County v. Lane et al, 114 S. C. 494, 104 S. E. 184. 

(506) § 13. Mortgagee May Pay Tax and Include Same in Mortgage^ 
Debt. — Any person holding a lien by way of, or an interest in the nature 
of a mortgage upon any property, the subject of taxation, upon which the 
mortgagor shall have failed to pay the tax, or upon which there may exist 
a lien for taxes on any other property of the mortgagor, may, at any time 
before the sale thereof for delinquent taxes, as hereinafter provided, pay 
the tax on all the property of the mortgagor, with any costs, penalties or 
assessments which may have accrued thereon; and thereupon he shall be 
entitled, as against the mortgagor, his representatives, privies or assigns, to 
include the amount so paid, and all interest thereafter accruing thereon, 
in the debt secured by his mortgage. 

Civ. '12, § 455; Civ. '02, § 407; G. S. 277; R. S. 334; 1882, XVII, 1028; 1900, XXIII, 
352. 

Forfeiture for taxes, -with right of redemption existing, does not divest lien of mortgage. Annely 
V. DeSaussure, 12 S. C. 512. Purchase at tax sale by mortgagee or assignee does. Devereaux v. 
Taft, 20 S C. 555. This section gives the mortgagee a legal remedy where the mortgagor fails to 
pay the taxes ; hence equitv will not interfere where the security is sufficient. Nathan v. Stein- 
meyer, 57 S. C. 386, 35 S. E. 733. 

(507) § 14. Comptroller General May Remit Penalties in Certain Cases. 

— In all cases where the penalty for nonpayment of taxes has attached to 
property held by assignees in bankruptcy and which could not be sold 
before the expiration of the time fixed by law for the payment of taxes, and 
in all cases where sales of property for the settlements of estates, for parti- 
tion, for the foreclosure of mortgages, for the marshaling of assets, or for 
other purposes, ordered by any court in this State, have not been made in 
season for the payment of taxes due thereon, the Comptroller General, upon 
proper evidence thereof, may remit the penalties and costs which by law 
attach for nonpayment of taxes, and may also grant a stay of the collec- 
tion of taxes upon such property until such time as the same shall be sold. 
And in all cases where such property held by assignees in bankruptcy", or 
property ordered by any court in this State to be sold for any of the pur- 



214 CIVIL CODE OF SOUTH CAROLINA 

poses above mentioned, cannot be sold in time for tlie iDayment of the taxes 
due or to become due thereon, the Comptroller General, upon proper evi- 
dence thereof, may authorize the collection of the taxes without costs and 
penalties and may stay the collection thereof until such time as the said 
sales shall be made : Provided, The stay of collection of taxes under this 
Section shall be only upon the written order of the Comptroller General, 
made in each ease in duplicate, the original order to be issued to the 
County Treasurer and permanently filed in his office and the duplicate 
order to be filed in the Comptroller General 's oiflce, and shall state the title 
of the case and the order of sale by the court and the particular property 
upon which the collection of taxes is stayed. 

Civ. '12, § 456; Civ. '02, § 408; G. S. 279; R. S. 335; 1898, XXII, 724. 

(508) § 15. Property Liable for Distress and Sale for Delinquent Taxes. 

— All personal property subject to taxation shall be liable to distress and 
sale for the payment of taxes, in the manner hereinafter provided, and all 
real property returned delinquent by the County Treasurer upon which the 
taxes shall not be ijaid by distress or otherwise shall be seized and sold as 
hereinafter ijrovided. The distress and sale of personal property shall not 
be a condition precedent to seizure and sale of any real property hereunder. 

Civ. '12, § 4r.7; Civ. '02, § 409; G. S. 280; R. S. 386; 1887, XIX, 862; 1888, XX, 41; 

1889, XX, 334; 1890, XX, 675; 1902, XXIII, 1132; 1909, XXVI, 76. 

Distress of personal property is prerequisite to sale of real estate for taxes dne in 1876. John- 
son V. Jones, 72 S. C. 287, 51 S. E. 805. 

No exemption against execution for taxes. Oliver v. White, 18 S. C. 241. 

(509) § 16. Chattel Tax May Be Recovered by Distress or Suit. — If any 

chattel tax shall be unpaid at the time fixed for the payment thereof by this 
Chapter, or returned delinquent, as authorized by this Chapter, the County 
Treasurer may not only distrain property for the payment thereof, but may 
recover the same, with the penalties thereon, bj'' action at law, proceedings 
in attachment, or other means authorized by law to be used bj' private 
individuals in the collection of debts, which action or other proceedings 
shall be prosecuted in the name of such Treasurer ; and if he shall die or go 
out of office before the termination of such action or proceeding, or the final 
collection of the money, or any judgment or order therein, his successor or 
successors may, from time to time, be substituted as plaintiff therein. 
Civ. '12, § 458; Civ. '02, § 410; G. S. 281; R. S. 337; 1882, XVII, 1029. 

(510) § 17. Steps to Be Taken When Owner lof Chattel Resides in 
Another County. — If, after the return of any chattel tax by any County 
Treasurer aa delinquent, the County Treasurer shall know or be informed 
that the party against whom the same is charged resides in some other 
county in this State, or has property or debts due him therein, it shall be 
his duty to make out and forward to the Treasurer of such other county a 
certified statement of the name of the party against whom such taxes are 
charged, of the value of the property on which such taxes were levied, the 
amount of the taxes and penalties assessed thereon and that the same are 
delinquent, to the aggregate of which taxes and penalties he shall add 
twenty-five per cent, as collection fees, upon the receipt of which certificate 
it' shall be the duty of the Treasurer of such other county to collect such 
delinquent taxes and penalties, with the twenty-five per cent, collection fees 



CIVIL CODE OF SOUTH CAROLINA 215 

as aforesaid, for which purpose he shall have all the rights, powers and 
remedies conferred upon the Treasurer of the county in which such taxes 
were assessed, and be allowed the same fees for distraint and sale of prop- 
erty as if said taxes had been levied in his own county, and, upon collection 
made, may retain one-half of said twenty-five per cent, collection fees, and ■ 
shall transmit the balance collected by him to the Treasurer of the county 
from whom he received such certified statement by mail. But if the Treas- 
urer to whom any such statement is sent cannot collect the amount therein 
named, or any part thereof, he shall return the same, so endorsed, with 
reasons for such noncollection. 

Civ. '12, § 459; Civ. '02, § 411; G. S. 282; R. S. 338; 1882, XVII, 1030. 



ARTICLE III. 
Remedies and Proceedings for Relief of Taxpayers. 

(511) § 1. Collection of Taxes Not Stayed by Process of Court. — The 

collection of taxes shall not be stayed or prevented by any injunction, writ 
or order issued by any court or Judge thereon: Provided, That this Section 
shall only apply to State, county, city, town and school taxes; and taxes 
voted by townships in aid of railroads where the roads have been completed 
through said townships. 

Civ. '12, § 460; Civ. '02, § 412; G. S. 171; R. S. 339; 1882, XVII, 988, § 156; 1902, 
XXIII, 972. 

Injunction cannot issue to restrain collection of license tax, which should be paid and resort be 
had to statutory action to recover. Western Union Tel Co. v. Winnsboro, 71 S. C. 231, 50 »■ _p- 
870. Injunction issued to restrain collection of tax for fireman's pension fund. ^Etna Fire Ins. Co. 
V. Jones. Comptroller-General, 78 S. C. 445, 59 S. E. 148. 13 L. R. A., N. S., 1147, 125 Am St. 
Eep. 818. Injunction cannot issue to restrain collection of income tax. Fleming v Porter, 77 S. 
C. 528, 58 S. E. 430. 

Legislature has no power to prevent Court of Equity from enjoining collection of an illegal tax m 
those eases where it does not provide an adequate legal remedv for the aggrieved taxpayer. Ware 
Shoals Mfg . Co. v. Jones, 78 S C. 211, 214, limiting in so far Western Lnion Tel. Co. v. Winnsboro, 
71 S. C. 231, 234, 50 S. E. 870. 

Section 2, providing remedy for taxpayer paying illegal tax to Couuty Treasurer not applying 
to license tax provided by Act of 1904 to be paid bv corporations to Comptroller-General, injunction 
will lie to prevent collection of said tax. Ware Shoals Mfg Co. v. Jones, 78 S. C. 211, 222, 58 
S. E. 811. 

(512) § 2. How to Proceed in Case of Claim That Tax is Illegal. — In all 

cases in which any county. State, or other taxes are now or .shall be here- 
after charged upon the books oi any County Treasurer of the State against 
any person, and such Treasurer shall claim the payment of the taxes so 
charged, or shall take any step or proceeding to collect the same, the person 
against whom such taxes are charged, or against whom such step or proceed- 
ing shall be taken, shall, if he conceives the same to be unjust or illegal for 
any cause, pay the said taxes notwithstanding, under protest, in such funds 
and moneys as the said County Treasurer shall be authorized to receive by 
the Act of the General Assembly levying the same ; and upon such payment 
being made, the said County Treasurer shall pay the taxes so collected into 
the State Treasmy, giving notice at the time to the Comptroller General 
that the payment was made under protest; and the person so paying said 
taxes may at any time within thirty days after making ,sueh ijayment, but 
not afterwards, bring an action against the said County Treasurer for the 
recovery thereof in the Court of Common Pleas for the county in which 
such taxes are payable ; and if it be determined in said action that such 



216 CIVIL CODE OP SOUTH CAROLINA 

taxes were wrongfully or illegally collected, for any reason going to the 
merits, then the court before whom the case is tried shall certify of record 
that the same were wrongfully collected and ought to be refunded, and 
thereupon the Comptroller General shall issue his warrant for the refund- 
ing of the taxes so paid, which shall be paid in preference to other claims 
against the Treasury: Provided, That the County Treasurers shall be 
required to receive jury and witness tickets for attendance upon the Cir- 
cuit Courts of the State receivable for taxes due the county in which the 
said services are rendered. 

Civ. '12, § 4.61; Civ. '02, § 413; G. S. 268; R. S. 340; XVII, 988, § 15C. 

Dickson v. Burckmyer, 67 S. C. 526, 537, 46 S. E. 343; Folson ti. Township of Nine1ry-Six, 59 
Fed. 67, 68: New York Life Ins. Co. v Bradley, 83 S. C. 418, 420, 65 S. E. 433. 

'License Tax" imposed by town is tax such as comes within these provisions. Western Union Tel. 
Western Union Tel. Co. v. Town of Winnsboro, 71 S. C. 231, 234. 50 S. E. 870. 

Does not apply to license tax provided by Act of 1904 to be paid bv corporations to Comptroller- 
General. Ware Shoals Mfg. Co. i'. Jones, 78 S. C. 211, 214, 58 S. E. 811, limiting in so far 
Western Union Tel Co. v. Town of Winnsboro, 73 S. C. 231. 234, 50 S. E. 870. 

The risbt of action is given only to the person in whose name the taxes are listed, and not to one 
who afterwards purchases the property on which the lien exists. DeSoto Gold Mining Co. v. Smith, 
49 S. C 188, 27 S. E. 1. 

Fuller V. Payne, County Treasurer, 96 S. C. 471, 81 S. E. 176. 

(513) § 3. No Other Remedy But the One Thus Provided.— There shall 
be no other remedy in any ease of the illegal or wrongful collection of taxes 
or attempt to collect taxes, or attempt to collect taxes in funds or moneys 
which the County Treasurer shall be authorized to receive under the Act 
of the General Assembly levying the same, being other than such as the 
person charged with said taxes may tender or claim the right to pay, than 
that herein provided. And no writ of mandamus shall be granted or 
issued from any court, or by the Judge of any court, directing or compell- 
ing the reception for taxes of any funds, currency, or bank bills, not author- 
ized to be received for such taxes by the Act of the General Assembly levy- 
ing the same ; and no writ, order, or process of any kind whatsoever, stay- 
ing or preventing any officer of the State charged with a duty in the collec- 
tion of taxes from taking any step or proceeding in the collection of any 
tax, whether such tax is legally due or not, shall in anj^ case be granted by 
any court, or the Judge of any court ; but in all cases whatsoever the person 
against whom any taxes shall stand charged upon the books of the County 
Treasurer shall be required to pay the same in such funds and moneys 
as the said County Treasurer shall be authorized to receive by the Act of 
the General Assembly lewing the said taxes- in manner and form as above 
provided, and thereupon shall have his remedy under the provisions of the 
next preceding Section. 

Civ. '12, § 462; Civ. '02, § 414; G. S. 269; R. S. 341; 1882, XVII, 1025. 

DeSaussure v. GaiUard, 127 U. S. 216, 233, 32 L. Ed. 125. 

The Courts cannot interfere with the collection of taxes. State v. Treasurer, 4 S. 0. 520; State 
V. GaiUard, 11 S. C. 309; Camblee v Tribble, 23 S. C. 76. Otherwise as to assessment. State v. 
Cromer, 35 S. C. 213. 14 S. E. 493: National Bank v. Boyd, 35 S. C. 233, 14 S. E. 496; State v. 
Covington, 35 S. 0. 245. 14 S. E. 499. 

(514) § 4. No Costs or Disbursements Allowed. — In any action brought 
under the provisions of the said Section, no costs or disbursements shall be 
taxed or allowed in favor of either party, except for the service of process 
and procuring the attendance of witnesses. 

Civ. '12, § 463; Civ. '02, § 415; G. S. 270; R. S. 342; 1882, XVII, 1025. 

(515) § 5. Property Erroneously Returned Delinquent. — If any taxes 
charged on any real estate be regularly paid, and such real estate be erro- 



CIVIL CODE OF SOUTH CAROLINA 217 

neously returned delinquent, and leased or sold for such taxes, the lease or 
sale shall be totality void ; or if any taxes shall be illegally assessed and col- 
lected, when the same shall become known to the County Auditor, he shall, 
on demand of the party interested, submit the matter to the Comptroller 
General; and if the Comptroller General approve thereof, in writing, the 
amount paid by the purchaser at such void lease or sale, or the amount so 
illegall.y collected, shall be repaid to the party paying the same, out of the 
County Treasury, on the order of the County Auditor ; and so much of said 
taxes as shall have been paid into the State Treasury shall be refunded to 
the County Treasury, and the County Auditor shall retain the same in his 
next annual settlement, and charge the State therewith. 

Civ. '12, § 4.fi4; Civ. '02, § 416; G. S. 2T8; R. S. 343; 1882, XVII, 1028. 

Does not authorize repayment of tax paid on railroad bonds. Carolina C. G & 0. R. R. Co. v. 
TribWe, 25 S. C. 260. 

(516) § 6. County Fund Bears Expense of Action Against Treasurer or 
Auditor for Official Acts. — If any action be prosecuted against the County 
Auditor or County Treasurer for performing, or attempting to perform, 
any duty enjoined upon them by the provisions of this Chapter, the result 
of which action will affect the interests of the county, if decided in favor 
of the plaintiff in such action, such Auditor or Treasurer .shall be allowed 
and paid out of the County Treasury reasonable counsel fees and other 
expenses for defending such action, and the amount of any damages and 
costs adjudged against him, which fees, expenses, damages and costs, shall 
DC apportioned ratably by the County Auditor among all the parties, except 
the State, interested in the revenue involved in said action ; and if the State 
be interested in the revenue in said action, the County Auditor shall, imme- 
diately upon the commencement of said action, inform the Comptroller 
General of its commencement and of the alleged cause thereof, and the 
Comptroller General shall submit the same to the Attorney General, who 
shall defend said action for and on behalf of the State; and if only some 
local levj' made bj^ to^vn or other municipal authority be involved in such 
suit, such town or other municipal authority shall employ and pay coun- 
sel and all damages and costs recovered in such action; and the County 
Auditor and Treasurer, or both, if both be sued, may, by petition, answer, 
or motion in court, cause the town or other local municipal authorities 
interested in the revenue involved in the action, to be made parties thereto 
(if not already parties'), and the court in which such action may be pending 
shall cause the town or other local municipal authorities to be made parties 
to such action, and render judgment for any damages and costs which may 
be found in favor of the plaintiff against said town or other municipal ol 
local authorities, and not against said Auditor or Treasurer. 

Civ. '12, § 465; Civ. '02, § 417; G. S. 316; R. S. 344; 1882, XVII, 1041. 

In suit for taxes illegallv collected, where State is interested it is real defendant. Gunter v. 
Atlantic Coast Line H. Co., '200 U. S. 273, 287, 50 L. Ed. 477. 

(517) § 7. Recovery Against County Treasurer Not to Exceed Value of 
Property. — In any action or proceeding against any County Treasurer in 
this State, for the purpose of recovering any property or money alleged to 
have been erroneously or illegally assessed and collected as taxes, assess- 
ments, or penalties, unless the party bringing such action or proceeding 



218 CIVIL CODE OP SOUTH CAROLINA 

shall make it appear that a notice in writing of the claim on which snch 
suit may be brought was given to said Treasurer in iJursuance of Section 
2 of this Article, and unless it shall be made to appear that said Treasurer 
has proceeded contrary to the provisions of this Chapter, the amount recov- 
ered in such suit shall not exceed the value of the property or money 
aforesaid. 

Civ. '12, § 466; Civ. '02, § 418; G. S. 317; R. S. 345; 1882, XVII, 1041. 

(518) § 8. Attorney General ShaU Defend County Treasurer or Other 
Officer Sued for Money Collected on Tax. — It shall be the duty of the 
Attorney General of the State to defend any suit or proceeding against any 
County Treasurer, or other officer, who shall be sued for moneys collected 
or property levied on or sold on account of any tax, when the Comptroller 
General shall have ordered such collector to proceed in the collection of any 
such tax, after notice as aforesaid, or suit brought; and any judgment 
against such Treasurer, or other officer, finally recovered, shall be paid in 
the manner provided in Section 6 of this Article. 

Civ. '12, § 467; Civ. '02, § 419; G. S. 318; R. S. 346; 1882, XVII, 1042. 

State is real defendant. Gunter v. Atlantic Coast Line B. Co., 200 U. S. 273, 287, 50 L Ed. 477. 

(519) § 9. Levy and Collection of Tax to Pay Township Bonds Aiding 
Railroad Prohibited. — No Board of Township Commissioners nor County 
Board of Commissioners, nor any other officer or officers, shall assess or levy, 
and no Count.y Treasurer nor other officer or officers shall collect, any tax 
for the payment of township bonds, or the coupons thereof, or judgments 
entered up thereon, issued in the aid of a railroad : Provided, This Section 
shall not apply to those bonds issued in the aid of railroads that have been 
completed and finished through such townships as have issued such bonds, 
nor until such road shall have been accepted by the Railroad Commission- 
ers : Provided, further, That the provisions of this Section shall not apply 
to Newberry County, or any part thereof, nor to bonds issued in aid of the 
Pickens Railroad Company by certain townships in Pickens County. 

Civ. '12, § 408; Civ. '02, § 420; 1899, XXIII, 78. 

This section seems to repeal 18 Stat. 366, 19 Stat. 38, 19 Stat. 240, 20 Stat. 13. 

For discussion of latter statutes, see folloiving cases: Rice v. Shealey, 71 S. C. 161, 369, 50 S. E. 
868; Massachusetts & S. Const. Co. v. To-rni of Cherokee, 42 Fed. '^SO. 752 -Massachusetts & 
S. Const. Co. V. Cane Creek Tp.. 45 Fed. 336, 337; Hicks v. Cleveland, 106 Fed. 459 461; Padgett 
V. Post, 106 Fed. 600, 7 Mun. Corp. Cas. 873; Gorham v. Broad River Tp., 109 Fed 772 ; Folsom 
V To-wnshin of Ninety-Six, 59 Fed. 67; Atlantic Trust Co. of New York v. Town of Darlington, 63 
Fed. 76; Town of Darlington v. Atlantic Trust Co., 68 Fed. 849; Granniss v. Cherokee Township 
of York County, 47 Fed. 427. 

Acts 23 St. at Large, p 534 (see § 292) ; 23 St. at Large, p. 78, were passed to obstruct payment 
of honds issued in aid of Greenville & Port Royal Railroad, and would seem to be m conflict with ^ 
34, Art. 3, S. C. Constitution, which forbids special legislation. Hicks v. Cleveland, 106 Fed. 459, 
464. 

This section is void under U. S. Const., as impairing obligation of contracts as against innocent 
bondholders who have acquired rights under 19 Stat. 237, 240, and Federal Court will issue man- 
damus to enforce judgment rendered on such bonds. Hicks v. Cleveland, 106 Fed. Rep. 459. 464; 
Padgett V. Post, 106 Fed, Rep. 600, 602, 7 Mun Corp. Cas. 873. See, also, Graham v. Folsom, 
200 U. S. 248, 252, 50 L. Ed. 464. 

The fact that corporate existence of township which had issued bonds in aid of railroad under 19 
Stat 239 20 Stat. 12, was destroyed and township itself was included in another county is not 
itipff'pctuai fo impair obligation of contract and court will direct levy and collection of tax to pay 
Judgment recovered on such bonds against township. Graham v. Folsom, 200 U. S, 248, 252, 50 
L. Ed. 464. 



CIVIL CODE OF SOUTH CAROLINA 219 

ARTICLE IV. 

Enforced Collection of Delinquent Taxes. 

(520) § 1. Treasurer Issues Execution to Sheriff — Form of. — Immedi- 
ately upon the expiration of the time allowed by law for the payment of 
taxes in any year, the County Treasurer of each county shall issue, in the 
name of the State, a warrant or execution in duplicate against such default- 
ing taxpayer in his county, signed by him in his official capacity, directed 
to the Sherifi' of his county or his lawful deputy, requiring and command- 
ing him to levy the same by distress and sale of so much of the defaulting 
taxpayer's estate, real or personal, or both, as may be sufficient to satisfy 
the taxes. State, school, county and special, of such defaulter, specifying 
therein the aggregate amount of all his taxes, as well as the amount to each 
fund; which. warrant or execution shall run substantially in these words 

(filling the blank to suit each case) , viz. : , 

Treasurer for the County of to the 

Sheriff of County, or his lawful deputy : 

Whereas, has been duly assessed the sum of 

dollars for defrajang the charges of the State, school, county and special, 
for the fiscal year beginning November 1, 19 .... , as follows, to wit : For 

the State, $ ; for public schools, $ ; for county, $ ; for 

special, ; which has neglected to pay : These are, therefore, 

in the name of the State, strictly to charge and command you to levy by 
distress and sale of the personal property, and if sufficient personal prop- 
erty cannot be found, then by distress and sale of the land of the said 

, the sum of dollars, together with dollars, 

the charges hereof; and for so doing this shall be your sufficient warrant. 

Given under mj- hand and seal this day of , A. D. 

19 

(L. S.) 

Treasurer of Coiuity. 

Civ. '12, § WS; Civ. '02, § 421; R. S. 347; 1887, XIX, 862. 

Koth r. Pallacliucola Club, 79 S. C. 514, 517, 61 S. E. 77. 

Failure of execution to specify ainount of taxes to each fund does not invalidate sale. Dickson v. 
Burckmyer, 67 S. C. 526. 540, 46 S. E. 343. 

It matters not whether SheriflE attaches to tax sale deed under this section the original or duplicate 
execution, and such execution is valid, although the mandate does not contain the name of default- 
ing payer and amount of taxes. Dickson v. Burckmyer, 67 S. C. 526. 539, 46 S. E 343. 

Execution should specify whether for capitation or property tax. State v. Graham, 2 Hill 457. 
Need not specify subject of taxation. State v. City Council, 4 Eich. 286. Execution for taxes, in 
part illegal, not specifying amount illegal, is altogether void. State v. Hodges, 14 Rich. 256. Per- 
sonal property must under certain statutes be exh.nusted before land can be sold. Ebaugh v. Mulli- 
nax, 34 S. C. 364, 16 S. E. 613 : Curtis v. Eenneker, 34 S. C. 468, 13 S. E. 664. But under late 
tax Acts the failure to exhaust the personalty does not necessarily defeat the title of the purchaser 
to the land. Interstate B. & L. .4ss'n r. Waters, 50 S. C. 459, 27 S. E. 948. 

GaUishaw v. Jackson, 99 S. C. 342, 83 S. E. 454. 

(521) § 2, Fees and Charges. — The Treasurer for every such warrant 
issued shall have from such defaulter $1.00 ; and the Sheriff shall take from 
such defaulter the following fees in the execution of his office, to wit : For 
serving each warrant, $1.00, besides mileage at the rate of 5 cents for each 
mile actually traveled in executing the warrant; for advertising sale, 2.5 
cents ; for making sale and executing deed of conveyance, and putting pur- 
chaser in possession, $3.00; and for all sums levied as aforesaid, five per 
cent., and the Sheriff: is prohibited from demanding or . collecting any 



220 CIVIL CODE OF SOUTH CAROLINA 

greater sum therefor than is hereby allowed ; and neither the Sheriff nor 
County Treasurer shall receive fees upon 7iulla iona returns. 

Civ. '12, § 470; Civ. '02, § 422; R. S. 348; 1887, XIX, 862; 1888, XX, 51; 1889, XX, 346. 

The Sheriff is not entitled to retain the o per cent, commissions paid under protest to release prop- 
erty from an illegal levy. Cleveland r. McCravy, 46 S. C. 252, 21 S. E. 175. 

(522) § 3. Seizure, Advertisement and Sale Under Execution for Delin- 
quent Taxes — Redemption — Execution of Title. — Under and by virtue of 
said warrant or execution, the Slieriff shall seize and take exclusive posses- 
sion of so much of the defaulting taxpayer's estate, real or personal, or 
both, as may be necessary to raise the sum of money named therein, and said 
charges thereon ; and, after due advertisement, sell the same before the 
court house door in the county, on a regular sales day, and within the usual 
hours for public sales, for cash, give to the purchaser (upon his complying 
with the terms of sale) a receipt for the purchase money, but not make 
title to the purchaser until the expiration of six months from the day of 
sale, if the property sold be not redeemed as hereinafter provided, and 
annex said receipt to the duplicate warrant with the endorsement thereon of 
his action thereunder, and shall, after deducting from proceeds of sale the 
costs and expenses of said sale, pay over to the County Treasurer the 
taxes, charges and penalties due and incurred by said defaulting taxpayer ; 
and upon wi-itten notice given, or information ascertained from the records, 
of any mortgage or other lien on said premises so sold for taxes, shall hold 
the excess, if any, until authorized or directed by proper judicial authority 
as to mode of disposition, or by the written consent of the defaulting tax- 
payer that the said excess be paid over to the mortgage or lien creditor, and 
according to priority if more than one : Provided, That the owner or grantee 
or any mortgage creditor may within six months from the day of such sale 
redeem such property by paying to the Sheriff the taxes, penalties, costs and 
expenses of said sale, together with eight per cent, interest on the whole 
amount of the purchase price of said land so sold, and thereupon the Sheriff 
shall pay back and refund to the said purchaser the amount paid on his 
bid, with interest as above stated, and the bid by said purchaser shall be 
then cancelled and revoked, the owner or grantee remaining in possession 
of his said land : Provided, further, That should any mortgagee redeem said 
land as above permitted, then the amount so paid by him for taxes, charges, 
costs and penalties shall be added to the mortgage debt or other lien, with 
same incidents as to priority and with same rate of interest and collectible 
in the same way as the original liiortgage debt. Upon failure of defaulting 
taxpayer or other party interested to redeem said land so sold for taxes 
within six months as stated, then the Sheriff shall make title to the pur- 
chaser and put the purchaser in possession of the propert3^ sold and con- 
veyed: Provided, further, That in case of threatened waste or damage to 
the premises by the owner or any other party, during the six months 
allowed for redemption, the purchaser at said tax sale shall have the right 
to apply to the Court of Common Pleas or a Judge thereof for injunction 
against such waste and for a receiver to take charge of the property until 
the end of the six months for redemption unless sooner redeemed : Provided, 
further. That in any case where the Sheriff of any county shall have made 
a deed under the Act approved the 20th day of February, 1901, and said 
land has been or shall be redeemed under the provisions of said Act, it .shall 



CIVIL CODE OP SOUTH CAROLINA 221 

be the duty of the Sheriff, upon demand of the owner of said land, to exe- 
cute to said owner a deed of the land so redeemed, citing the proceedings 
under which said land was sold, and upon said deed being executed and 
delivered, the title to said land shall revert in the owner as though said tax 
sale had never been made : Provided, further, When any real estate is sold 
for taxes in any county it shall be the duty of the Sheriff, before delivering 
title to such real estate to the purchaser at such sale, to give not less than 
thirty days ' notice to any mortgagee or assignee of any mortgage appearing 
of record as interested in such real estate of such sale in order that such 
mortgagee or assignee may have opportunity to redeem the said real estate, 
as now provided by law for the owner thereof. Such notice shall either be 
served on such mortgagee or assignee in pei'son or forwarded to his last 
known postoffice address by registered mail, or when his whereabouts may 
be unknown it may be had by publication upon petition and order as is 
required for service of summons by publication in civil actions. 

^ Civ. '12, § 471; Civ. '02, § 423; R. S. 349; 1887, XIX, 863, § 2; 1901, XXIII, 613; 1902, 
XXIII, 973; 1912, XXVII, 699. 

Section Constitutional. State v. Allen, 2 McC. 55. Sale invalid, on day other than fi.xed by law. 
Eoddv V. Purdv, 10 S. C. 138; Dougherty v. Crawford, 14 S. C. 628. Irregular sale, where no 
deed is delivered, gives no title. Garlington v. Copeland, 32 S. C. 57, 10 S. E. 616. Lands listed 
as of unknown owner mav be sold Gilliland v. Baptist Church, 33 S. C. 164, 11 S. E. 684. No 
home.stead against tax sales. Shell J'. Duncan, 13 S. C. 547, 10 S. E. 330. But inchoate right of 
dower remains. Ih. Defaulting taxpaver can, bv ordinary action, recover surplus proceeds from 
Sheriff. State v. Turner, 33 S. C. 348, 11 S. E. 99. 

As to exhausting personaltv before selling realtv. See Ebaugh )'. Mullinax, 34 S. C. 374, 1.3- S E. 
613; Interstate B. & L. Ass'n v. Waters, 50 S. C. 459, 27 S. E. 948; Johnson v. Jones, 72 S. C. 
272, 51 S. E. 805. 

Mandamus will issue to compel e.xecution of deed bv the Sheriff on purchaser's complying with bid. 
State ex rel. Harley v. Lancaster, 46 S. C. 283, 24 S E. 198. Or to compel deliverv of possession. 
State ex rel. Gibbes v. Morrison, 44 S. C. 470, 23 S. E. 605. Rule against Sheriff not the remedy. 
Gibbes v. Morrison, 39 S. C. 360. 17 S. E. 803. Sale of entire tract held not an excessive levy. 
Wil.^on V. Cantrell, 40 S. C. 114, 18 S. E. 517. 

Sheriff must "seize and take exclusive possession" of the property. Sale must be for cash. Pur- 
chaser mav assign bid, attaching execution to deed. Excessive lew; discretion of Sheriff. Dickson 
V, Burckm'yer, 67 S. C. 526, 46 S. E. 343. Lew bv officer not legally appointed and qualified, illegal. 
Barrineu v. Stevens, 75 S. C. 252, 55 S. E. 309. 

Where land has been levied on and sold for taxes as lands of heirs of A. without mentioning 
names of each of heirs, tax title is prima facie good to convey interest of heirs of A. in land after 
his death. Here view strengthened by fact that after decease of A. some of his heirs returned prop- 
erty for benefit of all, paid taxes for a while and then voluntarily stopped paying. Koth v. Palla- 
chucola Club, 79 S. C. 514, 517, 61 S. E. 77. 

That Sheriff made excessive levy for taxes, unless so excessive as to indicate^ oppression from 
design or ignorance, should not disturb title of purchaser in good faith, but such issue is for jury, 
and fact that land sold for ten times as much as taxes, is not conclusive of question. Dickson v, 
Burckmyer, 67 S. C. 526, 539, 46 S E. 343. 

(523) § 4. Purchase by Auditor for Sinking Fund Commission — Howt 
Titles to Be Made, Etc. — In case there be no bid equal in amount to the 
taxes named in said warrant or execution, the County Auditor shall buy 
the land for the Sinking Fund Commission, as the actual purchaser thereof, 
for the amount of said taxes and penalties, costs and charges; and the 
Sheriff shall thereupon execute titles to said Sinking Fund Commission, as 
to any other purchaser, and in the manner above provided, and shall put 
them or their authorized agent in possession of the premises. The land so 
sold and purchased and delivered to said Commission shall be treated by 
them as assets of the State in their charge, and be sold at such times and in 
such manner as by them shall be deemed most advantageous to the State. 

Civ. '12, § 472; Civ. '02, § 424; R. S. 350; 1887, XIX, 863, § 2. 

State V. Thompson, 18 S. C. 538; Owens i> Owens, 25 S. C. 155; Koth ii. Pallachucola Club, 
79 S. C. 514, 517, 61 S. E. 77. 

Mere fact that, under this section. Sheriff, in order to collect a tax of $1,300, alleged to be due 
from a railroad receiver, has distrained property worth $10,000, much of which belongs to third 
persons, is sufficient to require interference by injunction of court which appointed receiver, regard- 
less of any question as to validity of tax. Ex parte Chamberlain, 55 Fed. 704, 705. 

Lew and sale of land worth about $2,500 for taxes and cost amounting to about $31, such tract 
of land being easily divided, is illegal, purchaser taking nothing. Commercial Bank v. Sanford, 99 
Fed. 154, 156. 



222 CIVIL CODE OF SOUTH CAROLINA 

(524) § 5. Sale of Use and Occupancy of Land by Municipality for 
Taxes. — Whenever any taxes, State, county, school or township, hereafter 
may accrue upon any land or buildings, or portions thereof, or upon any 
other property of any municipal corporation by reason of said land, build- 
ings or other property, or portions thereof, not having been used "exclu- 
sively for public purposes and not for revenue, ' ' and hereafter may become 
past due and unpaid, and it becomes necessary to collect the same by dis- 
tress, then the Sheriff, whether acting under an execution from the County 
Treasurer or from the Secretary of State as agent of the Commissioners of 
the Sinking Fund, shall, at ijublie sale, sell not the "fee," as in other eases, 
but only the "use" and "occupancy" of such iDortions of said land, build- 
ing or property of such municipal corporation as the same accrued upon, 
to that bidder who will for the shortest term pay the taxes, penalties, costs 
and charges accrued thereon ; and at such sale to protect the interest of the 
State, if theie be no cash bid equal to the taxes, penalties, costs and charges 
accrued thereon, then the said property, or portion thereof offered for sale, 
shall be knocked down to the Sinking Fund Commission for a term not 
exceeding ninety-nine years ; and it shall be the duty of the Sheriff to make 
titles for the term of years required by the bid to the purchaser, and put 
said purchaser (whether the Sinking Fund Commission or any other per- 
son) into possession in like manner as when the fee is by him sold for taxes. 

Use for Public Purposes Not to Defeat the Sale. — The use and occu- 
pancy for public purposes at the time of levy 'or sale of any portion of 
property levied upon or sold for taxes accrued by reason of same not having 
been formerly used "exclusively for public purposes and not for revenue" 
shall not defeat the remedy for collection provided in this Section. 

Civ. '12, § 473; Civ. '02, § 42S; 1887, XIX, 863, § 2. 

As to prior law, see City of Columbia v, Tindal, 43 S. C. 547. 22 S. E. 341 

(525) § 6. Sheriff's Deed Prima Facie Evidence of Good Title— Limita- 
tion of Action. — In all eases of sale the Sheriff's deed of conveyance, 
whether executed to a private person, a corporation or the Sinking Fund 
Commission, shall be held and taken as prima facie evidence of a good title 
in the holder, and that all proceedings have been regular, and all require- 
ments of the law have been duly complied with. No action for the recovery 
of land sold by the Sheriff under the provisions of this Article, or for the 
recovery of the possession thereof, .shall be maintained unle,ss brought 
within two years from the date of said sale. 

Civ. '12, § 474; Civ. '02, § 426; R. S. 351; 1887, XIX, 863, § 2. 

Koth V. Pallachucola Club; 79 S. C. 514, 517, 61 S. E. 77. 

Courts must give tax title full statutory effect. Cook v. Pennington, 7 S. C. 387. But claimant 
must prove title. lb., 15 S. C. 192 Ta"x deed prima iacie. evidence. lb.; Shell v. Duncan, 31 S. 
C. 547, 10 S. E. 330. Unless deed shows that sale was invalid. Cooke v. Pennington, 15 S. C. 
192. But it is not violated by failure to recite performance of prerequisites. Shell v. Duncan, 
supra. Yet is may be defeated by showing lack of prerequisites. lb.; Poole v. Evans, 57 S. 
C. 79, 35 S. E. 436. The burden of proof as to defects is on the party attacking the deed. Wilson 
V. Cantrell, 40 S. C. 114, 18 S. E. 518. Must be construed in connection with the following section. 
Bull V. Kirk, 37 S. C. 395, 16 S. E. 151. Complaint hereunder; limitation is affected by disability 
of infancy. .Tones r. Bovkin. 70 S. C. 309, 49 R. E. 877 Recording tax title notice. Hudson v. 
Schumpert, 80 S. C. 25, 61 S. C. 104. A tax. deed made in 1872 is prima facie evidence of title. 
Hevward v. Christensen, 80 S. C. 146. 61 S. E. 399. Limitation of action to set aside tax deed. 
Guerard v. .Jenkins, 80 S C. 223, 61 S. B. 258. 

See Pollitzer t'. Beinkempen, 76 S. C. 517. 57 S. E. 475. Limitation commences to run when 
purchaser is put in possession. Gardner v. Ileedy, 62 S. C. 503, 40 S. E. 947. Limitation only 
applies where execution is issued against real owner. Smith v. Cox, 83 S. C. 1, 65 S. E. 222 

Complaint stating cause of action for recovery of land does not state facts, defeating recovery, 
by alleging that defendant claims under tax deed based on sale for taxes procured by him by alleged 
facts, which if true would make deed null and void for fraud, or estop defendant from asserting 
deed. Jones v. Boykin, 70 S. C. 309, 49 S. E. 877. 



CIVIL CODE OF SOUTH CAROLINA 223 

(526) § 7. Suspension of Sale— When and on What Grounds— Evidence 
— Waiver. — In case the taxpayer alleged to be in default after levy of 
distress as aforesaid shall allege that the taxes have been paid, or are 
unjustly assessed against him, he can and may have the sale suspended, if 
befoi-e the sale he offers satisfactory evidence to the Sheriff that said taxes 
have been paid or improperly assessed against him, and within twenty days 
thereafter take such steps as are provided by law for correction of unjust 
assessment, or to prove paj'^ment, and prosecute the same to a successful 
result within a reasonable time. And in case such taxpaj^er offers no such 
proof, or fails to take the course herein provided, he shall be deemed in law 
to have waived all exceptions to the omission, errors and irregularities (if 
any there be) in the assessment of said tax, and in all preliminaries to said 
sale as prescribed by law, and to have admitted that each and all prelimi- 
nary steps to said assessment and sale, and said assessment and sale were 
in accordance M'ith the requirements of law. 

Civ. '12, § 475; Civ. '02, § 427; R. S. 352; 1887, XIX, 864; 1888, XX, 52, § 2. 

Failure to complv with this section does not bar riglit to recover land. Dickson v. Burckmyer, 67 
S. C. 540, 46 S. E. 343; Bull v. Kirk, 37 S. C. 395, 36 S. E. 151. Cannot be invoked to show 
waiver of taxpaver's rights against purchaser. Gardner v. Reedy, 62 S. C. 503, 40 S E. 947. 

Gallishaw v. Jackson, 99 S. C. 342, 83 S. E. 454. 

(527) § 8. Duties of Sheriffs as to Tax Executions — Subject to Control 
of Comptroller General. — The Sheriff's in the several counties in the State, 
in making levies and sales, in making returns, and in paying over money 
collected under tax warrants and executions placed in their hands by County 
Treasurers, shall be subject to the direction and under the control of the 
Comptroller General of the State, as they are now in like manner to plain- 
tiffs in execution ; and the Comptroller General is hereby invested with all 
the rights and pri-\'ileges of a plaintiff in execution, to invoke and obtain the 
aid of the court to compel refractory Sheriffs to discharge their duties in 
the enforcement of tax executions ; and it is hereby made the duty of the 
said Sheriffs, respectively, to make return of all tax executions to the Treas- 
urer of their respective counties within ninety days after the date of issue 
thereof, designating such as may be nulla bona and such as may have been 
collected by distress or otherwise, and within the same time to pay over to 
the said Treasurer all taxes and penalties collected by them; and the sev- 
eral County Treasurers shall, at the last term of the Circuit Court in each 
year for their respective counties, deliver to the foreman of the grand jury 
a complete list of all tax executions delivered to the Sheriff for collection, 
and which have not been collected, and the grand jury shall examine the 
said list, and present the Sheriff for any default or neglect in the perform- 
ance of his duties relative to the enforcement of such executions. And in 
case any Sheriff shall make default in paying over within the time afore- 
said any moneys collected on said executions, it shall be the duty of the 
County Treasurer, and he is hereby required, immediately to bring suit 
against such defaulting Sheriff in any court of competent jurisdiction, in 
which suit such Sheriff shall be liable to treble the amount for which he has 
defaulted ; and in case of any loss resulting by reason of the failure of the 
County Treasurer to iDerform the duties herein set forth, such Treasurer 
shall be liable therefor. 

Civ. '12, § 476; Civ. '02, § 428; R. S. 3.53; 1899, XXIII, 79. 
Dillon County v. Lane ea al, 114 S. C. 494, 104 S. E, 184. 



224 CIVIL CODE OF SOUTH CAROLINA 

(528) § 9. Duplicate Tax Executions — How Issued. — When it shall be 
made to appear to the satisfaction of the presiding Judge of the Court of 
Common Pleas for anj' eountj' in this State, by petition or upon due notice 
to the County Commissioners, that any tax execution heretofore issued, or 
which may hereafter be issued, by the County Treasurer of county, has been 
lost, and that the amount due thereon has not been collected, either in whole 
or in part, to issue an order, directed to the Treasurer of said county, 
ordering and directing him to issue an alias or duplicate execution in the 
place and stead of the one which has been lost; and upon the receipt of 
said order, it shall be the duty of said County Treasurer to immediately 
issue an alias or duplicate tax execution as directed in said order. 

Said duplicate or alias executions shall, bj' said County Treasurer, be 
marked "duplicate" or "alias" execution, and when so issued and marked, 
shall have the same force and effect as the original execution could or 
would have, if the same had not been lost. 

Civ. '12, § 477; Civ. '02, § 429; 1899, XXIII, 118. 

(529) § 10. Tax Lien Expires in Ten Years — Provisos — Assessment 
of Property Not on Books. — All taxes heretofore or hereafter levied or 
becoming due under the laws of this State shall be conclusively presumed 
paid after ten years from the last date said taxes could have been paid 
without penalty: Provided, That this Section shall not apply to taxes for 
the collection of which the State .shall institute judicial proceedings within 
the time limited above: Provided, further. That the State may bring suit 
in court for back taxes any time within ten j^ears from the date when they 
should be paid, whether they are on or off the tax books, and may bring suit 
in court for any taxes which should have been paid before March 31st, 
1899, at any time within ten years from the 28tli day of February, 1899, 
whether on or off the tax books ; and on collection of such taxes they shall 
be distributed to the State, counties and school districts to which they 
would have gone if they had been i^aid at the time fixed by the Act which 
levied the same: Provided, further, That except as to the conclusive pre- 
sumption after ten years of payment of taxes by taxpayers as herein pro- 
vided, this Section shall in no way affect or impair the operation of Sec- 
tions 13, 14 and 15 of Article I of Chapter VI of this Code : Provided, 
further, That where any taxpayer has omitted or neglected to make a return 
of his property for taxation or has made a false return thereof for such 
purpose for or in any year, where the collection of the tax is not barred by 
the limitation of time herein mentioned, and the County Auditor of the 
county where said return or returns should have been made, is informed 
of that fact, he shall f oi'thwith notify said defaulting taxpayer, or if he be 
dead, his personal or legal representative, or representatives, to appear 
before him at his office at a time fixed in said notice and shall proceed to 
assess said property not returned as prescribed in Sections 1, 2, 3, 4, and 
5 of Article XIII of Chapter XIV of this Code. Should the party to be 
served with notice be a nonresident, then said notice shall be served by 
publication of said notice in some newspaper, and mailing a copy thereof 
to said party, as prescribed for service of nonresidents by the Code of 



CIVIL CODE OF SOUTH CAROLINA 225 

Civil Procedure of this State, and said taxes shall be assessed and col- 
lected as provided in the Section above referred to. 

Civ. '12, § 478; Civ. '02, § 430; 1899, XXIII, 80; 1905, XXIV, 873; 1911, XXVII, 229. 

(530) § 11. Contracts in Evasion of Tax Laws Against Public Policy — 
Unenforcible— Substituted Contracts. — All contracts that are entered into 
with intent to evade payment of taxes or in fraud of the tax laws of this 
State be, and are hereby, declared against public policy. No court in this 
State shall lend its aid in the enforcement of such contract whether the 
same has heretofore been entered into or may hereafter be entered into. 
The courts of this State shall not lend their aid to enforce any contract 
entered into as a substitute for or having as its consideration a previous 
contract of the nature or class of contracts hereinbefore declared against 
public policy. 

Civ. '12, § 479; 1902, XXIII, 970. 



ARTICLE V. 

Annual Settlements of County Treasurers. 

(531) § 1. Settlement of Auditor With Treasurer — When and How 
Made. — Eacl' County Auditor shall attend at his office on or before the 
first day of May, annually, or at any other time the Comptroller General 
may direct, to make settlement with the Treasurer of his county and ascer- 
tain the amount of taxes, penalties and assessments collected by such Treas- 
urer and the amount with which he is to stand charged on account thereof 
and on account of each fund for which a levy was made on the duplicate. 
The Auditor shall take from the duplicate previously put into the hands of 
the Treasurer for collection, a list of all such taxes, assessments and pen- 
alties as such Treasurer has been unable to collect, describing the property 
as described on the duplicate, and shall note thereon in a marginal column 
the several reasons assigned by the Treasurer why such taxes or other 
charges could' not be collected, which list shall be denominated the delin- 
quent list, and shall be signed and sworn to by the Treasurer, before said 
Auditor, who shall record the same in a book to be provided for the purpose 
and transmit an abstract thereof to the Comptroller General ; and in mak- 
ing such list, the delinquencies in each district, city, village and town shall 
be stated separately. And after deducting the amount of taxes, assess- 
ments and penalties so returned delinquent, the Treasurer shall stand 
charged with the remainder of the taxes, assessments and penalties charged 
on the duplicate: Provided, hotvever, That only the following causes shall 
be assigned by the Treasurer on said delinquent list for not collecting any 
tax, penalty or assessment, to wit : 

1. Sheriff's return to execution issued, that no sufficient property of the 
party charged therewith could be found, out of which to make the same. 

2. That property was found, but, for want of bidders, was sold and con- 
veyed to the Sinking Fund Commission by the Sheriff, pursuant to law. 

3. Execution issued and in the hands of the Sheriff. 



226 CIVIL CODE OF SOUTH CAROLINA 

4. That such taxes, assessments and penalties were enjoined by a compe- 
tent court. 

Civ. '12, § 480; Civ. '02, § 431; G. S. 249, 272; R. S. 362; 1882, XVII, 1016, 1026; 
1887, XIX, 862. 

(532) § 2. Treasurer's Remedy When Charged With Tax Not in Fact 
Paid. — If, in making such settlement, the Treasurer shall stand charged 
with any tax, assessment or penalty, which in fact was not paid prior 
thereto, he may at any time while remaining in office collect the same by 
distress and sale of property, as in other cases of delinquent taxes, or by 
action in his own name, as for money paid for the use of the party or parties 
charged with or bound to pay said tax, penalty or assessment, and after 
going out of office he may maintain an action in his own name, as afore- 
said, for the collection of such tax, penalty or assessment. 

Civ. '12, § 481; Civ. '02, § 432; G. S. 272; R. S. 363; 1882, XVII, 1026, § 256. 

(533) § 3. County Supervisors and Superintendents of Education Noti- 
fied of Day of Settlement — Proceedings. — AVhen the County Treasurers 
of the several counties shall have disbursed all the county and school funds 
of each fiscal year, and are ready to make their settlements with their 
respective County Auditors for the county and school taxes charged against 
them upon the Treasurer's tax duplicate, they shall so notify the County 
Auditors, whereupon the County Auditors shall notify the County Super- 
visors and County Superintendents of Education of their respective coun- 
ties of the day of such settlement; and the said County Super-^dsors and 
County Superintendents of Education are hereby required to produce, in 
the office of the Auditor of their respective counties, the claims allowed and 
ordered paid by them, and vouch thereby each amount presented by the 
County Treasurer for a credit in his settlement with the Auditor for the 
amount of county and school taxes which are charged against him on the 
Treasurer's duplicate for each year. The County Auditors and Treas- 
urers shall annually have a full and final settlement as to tax executions 
issued by said Treasurers within twelve months after the expiration of the 
time allowed by law for the payment of taxes in any year. 

Civ. '12, § 482; Civ. '02, § 433; R, S. 364; 1889, XX, 349, § 2; 1893, XXI, 481, § 1; 
1896, XXII, 255. 

(534) § 4. Auditor to Notify Foreman of Grand Jury and Comptroller 
to Attend to Witness Settlement. — It shall be the duty of the Auditor of 
each county to notify the foreman of the grand jury thereof and the 
Comptroller General of the day upon which said settlement is to be made, 
and the Comptroller General, or some one duly authorized by him, and 
the foreman of the grand jury of each county are hereby required to be 
present and witness said settlement. 

Civ. '12, § 483; Civ. '02, § 434; G. S. 365; 1889, XX, 349, § 4. 

(535) § 5. Day Fixed for Settlement. — The day fixed for the settlement 
provided for in two next preceding Sections shall be on or before the 1st 
day of May, or as soon thereafter as the Comptroller General maj' appoint. 

Civ. '12, § 484; Civ. '02, § 435; R. S. 366; 1889, XX, 350, § 9; 1893, XXI, 401, § 7. 



CIVIL CODE OF SOUTH CAROLINA 227 

(536) § 6. Settlement Sheets Signed in Duplicate — By Whom, and 
Where Filed. — When said settlements shall have been completed, the 
settlement sheets shall be signed by the Comity Commissioners and County 
Treasurers, the County Superintendent of Education and County Treas- 
urers, in duplicate and certified by the County Auditor ; one copy of which 
shall be filed in the County Auditor's office and the other mailed to the 
Comptroller General, to be by him reported to the General Assembly. 

Civ. '12, § 485; Civ. '02, § 436; R. S. 367; 1893, XXI, 401, § 5. 

(537) § 7. Comptroller Furnishes Copies of Report to County Officials. 

— It shall be the duty of the Comptroller General to mail each year a copy 
of his report containing such Settlement to the Clerk of the Court, County 
Commissioners, School Commissioners and County Auditors of each county 
of the State, to be filed and kept by said officers in their several offices. 

Civ. '12, § 486; Civ. '02, § 43T; R. S. 368; 1893, XXI, 401, § 6. 

(538) § 8. Irregularities, Etc., Reported to Court of Sessions — By 
Whom. — If in the making of said settlement there shall be discovered 
any irregularities or violations of law by any of said officers, the Comp- 
troller General and the foreman of the grand jury shall report the same to 
the Court of General Sessions of the county where such irregularities or 
violations of law shall have been discovered. 

Civ. '12, § 487; Civ. '02, § 438; R. S. 369; 1893, XXI, 401, § 8. 

(539) § 9. Comptroller Prescribes System of Bookkeeping and Exam- 
ines Books. — The Comptroller General shall prescribe the system of book- 
keeping to be used in the offices of County Commissioners, School Commis- 
sioners, County Treasurers and County Auditors of the State, so that the 
same shall be uniform; and in making his visit to witness the settlements 
herein required he shall examine the books of the said several offices and 
report the results of his examination to the General Assembly. 

Civ. '12, § 488; Civ. '02, § 439; R. S. 370; 1893, XXI, 401, § 7. 



TITLE IV. 
CHAPTER XVI. 
Of the Militia. 

Article I. General Provisions, 228. 

Article II. The Adjutant General, 2.3-5. 

Article III. Disbursing and Property Officer, 237. 

Article IV. Organization of the National Guard of the State, 238. 

Article V. Commissioned Officers of the National Guard, 239. 

Article VI. Enlisted Men of the National Guard, 245. 

Article VII. South Carolina National Guard in the City of Charleston, 

249- 
Article VIII. Arms, Parades, Drills, Etc., 250. 
Article IX. Military Courts, 253. 
Article X. Reserve Militia, 258. 



228 CIVIL CODE OF SOUTH CAROLINA 

ARTICLE I. 

General Provisions. 

(540) § 1. National Defense Act Accepted. — The Act of Congress 
approved June 3, 1916, entitled "An Act making further and more effectual 
provisions for the national defense, and for other purposes," is hereby 
accepted by the State of South Carolina, and the provisions of said Act are 
made a part of this Military Code. 

Civ. '12, *! 489; 1905, XXIV, 792; 1908, XXV, 1103; 1910, XXVI, 610; 1917, XXX, 7. 

(541) § 2. Of Whom Militia to Consist.— The Militia of the State of 
South Carolina shall consist of all able-bodied male citizens of the United 
States and of this State, and all other able-bodied males who have or shall 
have declared their intentions to become citizens of the United States and 
this State, who shall be more than eighteen years of age, and, except as 
hereinafter provided, not more than forty-five years of age, and said militia 
shall be divided into three classes, the National Guard, the Naval Militia 
and the Unorganized Militia. 

Civ. '12, § 490; Civ. '02, § 440; R. S. 375; 1905, XXIV, 792; 1917, XXX, 7. 

(542) § 3. Who Shall Be Exempt from Militia Duty.— The Vice Presi- 
dent of the United States ; the officers, judicial and executive, of the Gov- 
ernment of the United States and of the several States and Territories ; 
persons in the military or naval ser^dce of the United States ; custom house 
clerks; persons employed by the United States in the transmission of the 
mail ; artificers and workmen employed in the armories, arsenals and navy 
yards of the United States ; pilots, marines actually employed in the sea 
service of any citizen or merchant within the United States, shall be exempt 
from militia duty without regard to age, and all persons who, because of 
religious belief, shall claim exemption from the military service, if the con- 
scientious holding of such belief by such person shall be established, under 
such regulations as the President shall prescribe, shall be exempted from 
militia service in a combatant capacity; but no person so exempted shall 
be exempt from militia service in any capacity that the President shall 
declare to be noncombatant. 

Civ. '12, § 490; Civ. '02, § 440; R. S. 375; 1905, XXIV, 792; 1917, XXX, 7. 

(543) § 4. Division of Militia.— The militia of the State shall be divided 
into two classes, the uniformed and organized militia and the ununiformed 
and unorganized militia ; the uniformed and organized militia consists of the 
military forces known as the National Guard and the naval forces known as 
the Naval Militia; the unorganized and ununiformed militia shall consist 
of all those liable to serve in the militia, but not serving in the National 
Guard, or in the Naval Militia of the State. 

Civ. '12, § 491; 1905, XXIV, 792; 1916, XXIX, 657; 1917, XXX, 7. 

(544) § 5. Governor to Be Commander in Chief. — The Governor of the 
State, by virtue of his ofSce, shall be Commander in Chief of the militia of 
the State, except of such portions as may at times be in the service of the 
United States. 

Civ. '12, § 492; 190.5, XXIV, 792; 1917, XXX, 7. 



CIVIL CODE OF SOUTH CAROLINA 229 

(545) § 6. Outside Military Force Not to Enter State — Exception.— t 

No armed military force from another State, Territory or District shall be 
permitted to enter the State for the purpose of doing- military duty therein 
without the permission of the Governor, unless such force is part of the 
United States Army, or is acting- under the authority of the United States. 

Civ. '12, § 492; 1905, XXIV, 792; 1917, XXX, 7. 

(546) § 7. Governor's Staff — Military Secretary. — The military staff 
of the Governor shall consist of the Adjutant General of the State, who 
shall have the rank of Brigadier General; three aides-de-camp, who shall 
be detailed from the officers of any organized militia and who, while so 
serving, shall have the rank of Colonel, and as many aides-de-camp with the 
rank of Lieutenant Colonel as the Governor may deem necessary. All of 
these aides-de-camp shall be appointed by the Governor, by and with the 
consent of the Senate, and shall hold office during his pleasure, but their 
commissions shall expire with the term of office of the Governor appointing 
them. The Governor may appoint as his Militarjr Secretary any officer of 
the United States Army detailed for duty with the militia of this State, 
and such officer shall have the rank of Colonel and the title ' ' Military Secre- 
tary to the Governor."' Nothing in this Article shall be construed to 
deprive any officer now on the staff of the Governor of his commission prior 
to the end of the term for which he was appointed. 

Civ. '12, S 493; 1908, XXV, 1103; 1910, XXVI, 610; 1905, XXIV, 792; 1916, XXIX, 
658; 1917, XXX, 7. 

(547) § 8. Powers of Governor as to Calling Out Militia.^ — The Gov- 
ernor shall have power, in case of insurrection, invasion, tumult, riot or 
breach of the peace, or imminent danger thereof, to order into the active 
service of the State any part of the militia that he may deem proper. 
When the National Guard of this State, or a part thereof, is called forth 
under the Constitution and laws of the United States, the Governor shall 
order out for service the active militia, or such part thereof as may be neces- 
sary, and if the number available be insufficient, he shall order out such 
part of the reserve militia as he may deem necessary. During the absence 
of organizations of the National Guard in the service of the United States 
their State designations shall not be given to new organizations. 

Civ. '12, § 494; 1905, XXIV, 792; 1917, XXX, 7. 

(548) § 9. Unorganized Militia to Be Mustered In — Organization — 
Equipment and Government. — The portion of the unorganized militia 
ordered out or accepted into the service, as indicated in Section 8 of this 
Article, shall be immediately mustered into the service of the State for one 
year, or such less period as the Governor may direct, and shall be organized 
into troops, batteries or companies, which may be arranged in squadrons, 
battalions or regiments, or assigned to organizations of the National Guard 
already existing. The Governor is authorized to appoint the officers neces- 
sary to commence or complete any organization thus created. Such new 
organization shall be equipped, disciplined and governed according to this 
Military Code and the military regulations of the State. 

Civ. '12, § 495; 1905, XXIV, 792; 1917, XXX, 7. 



230 CIVIL CODE OF SOUTH CAROLINA 

(549) § 10. When Governor May Proclaim Martial Law. — Whenever 
any portion of the National Guard is employed in aid of the civil authority, 
the Governor, if in his judgment the maintenance of law and order will 
thereby be promoted, may by proclamation declare the county or city in 
which the troops are serving, or any specified portion thereof, to he in a 
state of insurrection. 

Civ. '12, § 496; 1905, XXIV, 792; 1917, XXX, 7. 

(550) § 11. Active Duty of National Guard — Exception — Duty in Case 
of Civil Disorder — Distribution of Authority in Such Cases.— The National 
Guard shall not be subject to active duty other than the specified drills, 
parades, practice marches, encampments, target practice, etc., except in 
ease of war, or for preventing, repelling or suppressing invasion, insurrec- 
tion or riot, or of aiding civil officers in the execution of the laws, in which 
cases the Commander in Chief, or, in his absence, the Adjutant General, 
shall order out for active service, by draft or otherwise, as many of the 
National Guard as necessity demands. When an armed force is called out 
for the purpose of suppressing an unlawful or riotous assembly, it must 
obey the orders in relation thereto of the civil officer calling it out and 
render the aid required. The orders of the ciyH officer may extend to a 
direction of the general or specific object to be accomplished and the dura- 
tion of service by the National Guard, but the tactical direction of the 
troops, the kind and extent of force to be used, and the particular means to 
be employed to accomplish the object specified by the civil officers are left 
solely to the officers of the National Guard. 

Civ. '12, § 497; 1905, XXIV, 792; 1917, XXX, 7. 

(551) § 12. Rules, Pay, Ration, Etc., of National Guard.— When the 

National Guard are ordered out and while they are in active service, as 
heretofore specified, or are in camps of instruction, they shall be subject to 
the same rules and articles of war as troops of the United States, and during 
their term of service be entitled to the same pay, rations and allowance for 
clothing as are, or may be, established by law for the army of the United 
States. When called upon as a military organization to aid any civil officer 
in the execution of the laws or preservation of the peace, each officer shall 
receive the pay of his rank and each enlisted man of the National Guard 
shall receive the sum of one dollar and fifty cents per day and actual expenses 
while so engaged, to be paid by the Governor through the commanding 
officer of the organization so ordered out. When the National Guard and 
the Naval Militia are on duty together at the same time the commanding 
officer of the National Guard shall command the whole force. 

Civ. '12, § 498; 1905, XXIV, 792; 1911, XXVII, 147; 1917, XXX, 7. 

(552) § 13. Attendance— Who Shall Be Deemed Deserters.— Every 

member of the National Guard ordered out who does not appear at the time 
and place designated by the Commander in Chief, or his superior officer, 
or who does not produce a sworn certificate of physical disability from a 
physician in good standing to so appear, or excuse for unaviodable absence 
approved by his company, battalion and regimental commander, shall be 
taken to be a deserter and dealt with as prescribed by the laws of the State. 

Civ. -12, § 499; 1905, XXIV, 792; 1917, XXX, 7. 



CIVIL CODE OP SOUTH CAROLINA 231 

(553) § 14. Uniform. — The uniform of the National Guard shaU be the 
same as is now prescribed, or may hereafter be prescribed, for the army of 
the United States, with such distinctive mark or insignia as may be pre- 
scribed by the Secretary of War. 

Civ. '12, § 500; 1905, XXIV, 792; 1908, XXV, 1103; 1917, XXX, 7. 

(554) § 15. Returns and Reports to War Department..— The Adjutant 
General and the officers of the National Guard shall make such returns and 
reports to the Secretary of War, or to such officers as he may designate, at 
such times and in such form as the Secretary of War may from time to time 
prescribe. 

Civ. '12, § 501; 1905, XXIV, 792; 1916, XXIV, 658; 1917, XXX, 7. 

(555) § 16. Militia Council— Duties— Meetings. — There shall be for the 
State a Militia Council, consisting of the Adjutant General, and one officer 
of each regiment, one officer for the Coast Artillery Corps, and one officer 
from the Naval Militia appointed by the Governor; at least one of the 
officers so appointed shall be a company commander. The Militia Council 
shall recommend to the Governor, from time to time, such action as it may 
deem advisable relating to the Militiary Code, regulations, organizations, 
equipment, duty, and discipline of the National Guard, and it shall report 
on such matters as are referred to it by the Governor or the General Assem- 
bly of the State. The Militia Council shall audit the accounts of the Adju- 
tant General and the disbursing officer. The Militia Council shall hold ses- 
sions in Columbia, at the call of the Governor, the President of the Council, 
or a majoritj' of the Council, and shall serve without pay, but the expenses 
of the members in attending these sessions shall be allowed and paid out of 
the contingent fund of the Adjutant General. 

Civ. '12, § 502; 1905, XXIV, 792; 1911, XXVII, 147; 1916, XXIX, 658. 

(556) § 17. Military Board — Compensation, Term and Duties — Regula- 
tions Regarding Allotment of Appropriation — Regulations as to Federal 
and State Property. — There shall be for the State a Military Board, con- 
sisting of the Governor, the Adjutant General and three other commissioned 
officers of the National Guard, who shall be appointed bj' the Governor. 
In the first instance one member shall be appointed for one year, one for 
two years and one for three years, and thereafter membei's of the Military 
Board shall be appointed for three years. It shall be the duty of the Mili- 
tary Board to apportion the annual appropriation for the maintenance of 
the militia and to determine what organizations or purposes are entitled 
by law to share in said appropriation. No company, troop, battery, divi- 
sion, detachment or band shall participate in the annual allotment of such 
appropriation for the maintenance of the militia unless the proper officers 
of such organization shall have rendered the required reports and returns 
for the preceding year, and unless the drill reports of such organization 
show that there was an average attendance of not less than sixty per cent, 
of its enlisted strength present at the forty-eight drills required by the Fed- 
eral authorities, and that such organization participated in the required 
camp of instruction or cruise. It shall be the dutj^ of the Adjutant Gen- 
eral to prepare a list of the Government property. Federal and State, that 
is short in each organization at its annual inspection. The cost of such 



232 CIVIL CODE OP SOUTH CAROLINA 

property found short in each organization shall be deducted from the 
annual allotment made by the Military Board to that particular organiza- 
tion, and the amount so deducted shall be expended by the Adjutant Gen- 
eral in the purchase of new property of like kind and quality. It shall be 
the duty of the Adjutant General in such cases to order a Board of Inquiry 
to inquire into the responsibility for such losses, and whenever it shall 
appear from the findings of such Board of Inquiry that the losses are due 
to the fault or negligence of the responsible officer, it shall be the further 
duty of the Adjutant General to enter or cause to be entered a suit on the 
bond of such officer. The Adjutant General shall incorporate in his annual 
report a statement showing the property shortage of each organization, the 
amount paid by each organization for such property shortage, the disposi- 
tion made of the funds so collected and any further action that may have 
been taken by him with reference to fixing the responsibility therefor and 
recovering the property so found short of its value. 

Civ. '12, § 503; 1905, XXIV, 792; 1916, XXIX, 659; 1917, XXX, 7. 

(557) § 18. Inspection — Disbandment. — There shall be held once in 
each year an inspection of all the organizations and the military property 
in their possession and all companies of infantry, cavalrj^ and artillery, 
having less than seventj--five per cent, of their officers and enlisted men 
present at inspection, and that the same is in good condition for service 
shall be disbanded upon approval of the President. 

Civ. '12, § 504; 1905, XXIV, 792; 1917, XXX, 7. 

(558) § 19. Procedure as to Disbursement of Allotment. — As soon as 
practicable after the annual inspections are completed the Adjutant Gen- 
eral shall file with the Comptroller General a certified list of all companies 
that have passed a satisfactory inspection, together with a certified statement, 
signed by a majority of the Military Board, showing how the annual appro- 
priation has been appoi'tioned and divided, and the pro rata share of each 
company enbsted thereto, whereupon the Adjutant General will issue war- 
rants upon 1he ComiJtroller General in accordance with said certified state- 
ments and forward same direct to parties entitled thereto. Such certified 
statements shall show affirmatively that the respective organizations shown 
thereon as being entitled to a share of the annual appropriation have com- 
plied with all the requirements as to reports, returns, drills and other 
instructions, practice marches and encampments. 

Civ. '12, § 505; 1905, XXIV, 792; 1917, XXX, 7. 

(559) § 20. Period of Enlistment — Enlistment Contract and Oath. — 

Hereafter the period of enlistment in the National Guard shall be for six 
years, the first three years of which shall be in an active organization and 
the remaining three years in the National Guard Reserve, hereinafter pro- 
vided for, and the qualifications for enlistment shall be the same as those 
prescribed for admission to the Regular Army: Provided, That in the 
National Guard the privilege of continuing in active service during the 
whole of an enlistment period and of reenlisting in said service shall not 
be denied by reason of anything contained in this Act. Hereafter all 
men enlisting for service in the National Guard shall sign an enlistment 
contract and take and subscribe to the oath prescribed in the following 



CIVIL CODE OF SOUTH CAROLINA 233 

Section of this Act. Enlisted men in the National Guard now serving 
under enlistment contracts which contain an obligation to defend the Con- 
stitution of the United States, and to obey the orders of the President of 
the United States, shall be recognized as members of the National Guard 
under the provisions of this Act for the unexpired portion of their pres- 
ent enlistment contracts. When any such enlistment contract does not 
contain such obligation, the enlisted man shall not be recognized as a mem- 
ber of the National Guard until he shall have signed an enlistment contract 
and taken and subscribed to the following oath of enlistment, upon signing 
which credit shall be given for the period already served under the old 
enlistment contract: "I do hereby acknowledge to have voluntarily enlisted 

this .... day of , 19 .... , as a soldier in the National Guard of the 

United States and of the State of South Carolina, for the period of three 
j^ears in service and three years in the reserve, under the conditions pre- 
scribed by law, unless sooner discharged by proper authority. And I do 
solemnly swear that I will bear true faith and allegiance to the United 
States of America, and to the State of South Carolina, and that I will serve 
them honestly and faithfully against all their enemies whomsoever, and 
that I will obey the orders of the President of the United States and of the 
Governor of the State of South Carolina, and of the officers appointed over 
me according to law, and the rules and articles of war." 
Civ. '12, § 506; 1903, XXIV, 792; 1916, XXIX, 660; 191T, XXX, 7. • 

(560) § 21. By-Laws of Company^ — Violation Thereof. — Any Company 
of the organized militia may, by a vote of two-thirds of its members, form 
by-laws, rules and regulations not inconsistent with this Chapter, for the 
government and improvement of its members in military science and dis- 
cipline; and such by-laws, rules and regulations shall be binding; but they 
may be altered, from time to time, as may be found necessary. For viola- 
tion of by-laws, I'ules and regulations of associations organized pursuant 
to this Chapter, enlisted men, in addition to trial by a Military Court, may 
also be expelled from the organization to which they belong, by a vote of the 
majority of all its members and upon such action being confirmed in orders 
by the commanding officers of the regiment, battalion or squadron not part 
of a regiment, and in case of an organization not part of a regiment, bat- 
talion or squadron, by the officer to whose command it is attached, the name 
of such person shall be stricken from the roll of the organization of whicli 
he was a member, his certificate of membership shall be surrendered and 
cancelled, and he shall cease to be a member thereof, and his time of service 
in the same shall not be allowed. 

Civ. '12, § .507; 1905, XXIV, 792. 

(561) § 22. No Interference With Rights Under Charter or Special 
Acts — Exception. — Nothing in this Chapter shall be construed so as to 
annul, abridge or interfere with rights or privileges granted by special Acts 
or by charter passed heedlessly for the benefit of any organization now in 
existence : Provided, That any companies which have been disbanded or 
may be hereafter disbanded, shall not be entitled to enjoy any military 
rights granted by charter or Act of incorporation. And all Acts or parts 
of Acts granting such military rights to companies so disbanded are hereby 
repealed. 

Civ. '12, § 508; 1905, XXIV, 792; 1917, XXX, 7. 



234 CIVIL CODE OF SOUTH CAROLINA 

(562) § 23. Rules and Eegulations for National Guard. — The rules and 
articles of war, and general regulations for the government of the armies 
of the United States, shall apply to the government of the National Guard 
of this State. 

Civ. '12, § 609; 1905, XXIV, 792; 1917, XXX, 7. 

(563) § 24. Who May Administer Oaths. — Any commissioned officer 
shall have authority to administer oaths to military persons when such may 
be necessary, and the same penalties shall attach to false swearing in such 
cases as are now provided by law in case of jDerjury. 

Civ. '12, § 510; 1905, XXIV, 792; 1917, XXX, 7. 

(564) § 25. Men Not to Be Arrested in Certain Cases. — No officer of 
enlisted man shall be arrested by the civil authorities, except for treason, 
felony or breach of peace, while going to or returning from or attending 
upon any military duty, court-martial or court of inquiry which it is liis 
duty to attend. 

Civ. '12, § 5]1; 1905, XXIV, 792; 1917, XXX, 7. 

(565) § 26. "Company" and "OflBcer" Defined. — The word company 
as used in this Chapter shall be understood to include a troop, battery, 
detachment of the hospital corps, or a band, and the word officer shall be 
understood to include commissioned officers only. 

Civ. '12, § 512; 1905, XXIV, 792; 1916, XXIX, 660; 1917, XXX, 7. 

(566) § 27. Bond for Officers in Charge of Property — Possession of 
Armory Prerequisite to Mustering In of Company. — All officers who are 
now or may hereafter become responsible for arms, uniforms, equipment 
supplies or funds, either belonging to the State or furnished by the Gov- 
ernment of the United States for use of the National Guard of this State, 
shall furnisli a good and sufficient bond for one thousand dollars, that the 
said arms, uniforms, equipment, supplies or funds will be properly and 
duly expended or cared for as required by law, order or regulations, and 
that all such property and funds will be duly and properly accounted for 
and transferred to their successors whenever the said oiBcer in any manner 
be relieved from said responsibility: Provided, That all companies now in 
service of the State shall furnish and maintain an armory .suitable for the 
safe-keeping of arms, uniforms and equipments issued to such companies, 
and no company shall hereafter be mustered into service unle.ss it shall have 
secured such armory, or the establishment of such armory be guaranteed. 
No company shall be equipped until such armory is provided ; and any 
company failing to comply with the provisions of this Section shall be 
disbanded. 

Civ. '12, § 513; 1905, XXIV, 792; 1908, XXV, 1104; 1917, XXX, 7. 

(567) § 28. Naval Militia Act Accepted— Naval Militia of South Caro- 
lina. — The Act of Congress, approved February 16, 1914, entitled "An 
Act to prom.ote the efficiency of the Naval Militia, and for other purposes," 
is hereby accepted by the State of South Carolina and the provisions of 
said Act, in so far as they are applicable to this State, are made a part of 
this Code. The Naval organizations of this State shall constitute a bat- 



CIVIL CODE OF SOUTH CAROLINA 235 

talion, to be known as the "Naval Militia of South Carolina," and which 
shall be subject to the laws governing the National Guard of South Carolina, 
in so far as they are applicable. The organization, armament and discipline 
of the Naval Militia of South Carolina shall be such as is now or may here- 
after be prescribed by the Secretary of the Navy, and it shall be the duty 
of the Governor, after consultation with the Adjutant General and Inspec- 
tor-Instructor of the Naval Militia, to make and publish such orders as may 
be necessary to conform such Naval Militia of South Carolina to that pre- 
scribed by the Secretary of the Navy, and such orders when duly made and 
published shall have the force and effect of laws. Officers and enlisted men 
now in the Naval Militia of South Carolina and all those hereafter entering 
will be required to take the following oath or affirmation: "I do solemnly 
swear (or affirm) that I will bear true faith and allegiance to the United 
States, and that I will serve them honestly and faithfully against all their 
enemies whomsoever." 

Civ. '12, § 514; 1905, XXIV, 792; 1908, XXV, 1105; 1916, XXIX, 660; 1917, XXX, 7. 



ARTICLE II. 

The Adjutant General. 

(568) § 1. Adjutant General — Term and Compensation. — There shall 
be an Adjutant General elected bj' the qualified electors of this State, at the 
same time and in the same manner and for the same term of office as the 
other State officers. His compensation shall be twenty-five hundred dollars 
per annum, and his rank that of Brigadier General. 

Civ. '12, § 515; 1905, XXIV, 792; 1916, XXIX, 661; 1917, XXX, 8; 1919, XXXT, 4. 

(569) § 2. Bond of Adjutant General.— The Adjutant General shall 
give bond to the State in an appoved surety company in the sum of ten 
thousand ($10,000) dollars, conditioned on the faithful performance of his 
duty, and the costs and expenses incurred by entering into such bond shall 
be paid out of the contingent fund of the Adjutant General. 

Civ. '12, § 516; 190.5, XXIV, 792; 1911, XXVII, 148; 1917, XXX, 7. 

(570) § 3. How Vacancy in Adjutant General's Office Filled. — If a 

vacancy occur in the office of the Adjutant General, whether from death, 
resignation, disqualification or other cause, the Governor has the power 
to appoint some suitable person, who, on being duly qualified according to 
law, shall be entitled to enter upon and hold the office for the unexpired 
terjn of the former incumbent and shall be subject to all the duties and 
liabilities incident to the office and receive the compensation provided by 
law for the Adjutant General during his term of service. 

Civ. '12, § 517; 1905, XXIV, 792; 1917, XXX, 7. 

(571) § 4. What Report of Adjutant General to Commander in Chief 
Shall Contain. — The Adjutant General shall report annually to the Com- 
mander in Chief : 

1. A statement of all moneys received or disbursed by him since his last 
report. 



236 CIVIL CODE OP SOUTH CAROLINA 

2. The number, condition and organization of the National Guard of 
the State. 

3. Any suggestion which he may deem of importance to the military 
interests and condition of the State and the perfection of its military 
organizations. 

The said annual report shall be printed and laid before the Legislature 
for its information. The Commander in Chief may require special reports 
from the Adjutant General at any time, upon any matter connected with 
the duties of his office or with military service of the State. 
Civ. '12, § 518; 1905, XXIV, 792; 1917, XXX, 7. 

(572) § 5. Duties of Adjutant General — To Formulate Plan of Camp 
of Instruction. — It sliall be his duty : 

1. To keep on file in his office all rolls, returns and reports made to him 
and records of all ordei's, letters or other official pajDcrs issued from his 
office. 

2. To authenticate with his official seal all papers issued from his office 
which by law may require authentication under such seal. 

3. To keep an account of all monej^s received or disbursed by him. 

4. To issue all orders of the Commander in Chief relating to the militia 
and to keep a record thereof. 

5. Ill order that the National Guard of the State may receive the benefit 
of the funds provided by Congress, it shall be the duty of the Adjutant 
General of the State to submit a plan of proposed field or camp service of 
instruction for the ensuing year, with an estimate of funds required for 
payment, subsistence and transportation of the portion of the National 
Guard participating therein, said estimate to furnish the details and to be 
made out in the form required by instructions from the Secretary of War. 

6. He shall make such regulations pertaining to the preparation of 
reports and returns and to the care and preservation of property for mili- 
tary purposes, whether belonging to the State or the United States, as in 
his opinion the conditions demand ; such regulations to be operative and in 
force when promulgated in the form of general orders, circulars or letters 
of instructions. 

7. He will perform such duties as pertain to the Adjutant General under 
the regulations and customs of the United States Army. He will super- 
intend the preparation of all returns and reports required by the United 
States from the State and will perform all the duties prescribed for him 
in this Military Code. 

8. He shall have the necessary forms prepared, printed and distributed 
to the commissioned officers of the National Guard. He shall also have the 
National Guard laws, and the rules and articles of war for the government 
of the United States Army published and a copy thereof sent to each com- 
missioned officer, which shall be held by him as property of the State and 
delivered to his successor in office. 

Civ. '12, § 519; 1905, XXIV, 792; 1917, XXX, 7. 

(573) § 6. Adjutant General to Add Names to Confederate RoUs. — The 

Adjutant General, or the Clerk of tlie Historical Commission, are authorized 
and empowered to add to any of the Confederate Rolls, in his custody, such 



CIVIL CODE OF SOUTH CAROLINA 237 

names as shall appear by proper proof under oaths to have been omitted 
therefrom by oversight or otherwise ; the proof furnished shall in each case 
be filed with and become a part of said Rolls. 

Civ. '12, § 520; 190.5, XXIV, 970; 1905, XXIV, 792. 

(574) § 7. Inspector General,— Appointment — Salary— Duties.— There 

shall be an Inspector General, with the rank of Major, who shall be assist- 
ant to the Adjutant General, and who shall be appointed and commissioned 
by the Governor upon the recommendation of the Adjutant General, and 
whose salary shall be fifteen hundred dollars. 

The assistant to the Adjutant General shall aid the Adjutant General by 
the performance of such duties as may be assigned to him, and shall, in 
case of absence or inability of the Adjutant General, perform all or such 
portions of the duties of the Adjutant General as the latter may expressly 
delegate to him. 

Civ. '12, § 521; 1905, XXIV, 792; 1910, XXVI, 610; 1916, XXIX, 661; 1917, XXX, 7. 

(575) § 8. Adjutant General May Make Rules and Regulations for 
National Guard.— The Adjutant General, with the approval of the Com- 
mander in Chief, is hereby authorized to make such rules and regulations 
from time to time as he may deem expedient and when promulgated shall 
have full fo]'ce and effect as the National Guard laws of the State. But the 
rules and regulations in force at the time of the adoption of this Code shall 
remain in force until new rules and regulations are approved and promul- 
gated. 

Civ. '12, § 522; 1905, XXIV, 792; 1917, XXX, 7. 



ARTICLE III. 

Disbursing and Property Officer. 

(576) § 1. Property and Disbursing Officer— Duties — To Receive Fed- 
eral Allotment — Bond — Com.pensation — Inspection of His Accounts and 
Records. — The Governor shall appoint, designate or detail, subject to the 
approval of the Secretary of War, an officer of the National Guard who 
shall be regarded as Property and Disbursing Officer for the United States. 
He shall receipt and account for all funds and property belonging to the 
United States in possession of the National Guard and shall make returns 
and reports concerning the same as may be required by the Secretary of 
"War. The Secretary of War is authorized, on the requisition of the Gov- 
ernor, to pay to the Property and Disbursing Officer so much of its allot- 
ment out of the annual appropriation for the support of the National Guard 
as shall, in the judgment of the Secretary of War, be necessary for the 
purposes enumerated therein. He shall render, through the War Depart- 
ment, such accounts of Federal funds intrusted to him for disbursement 
as may be required by the Treasury Department. Before entering upon 
the performance of his duties as Property and Disbursing Officer, he shall 
be required to give good and sufficient bond to the United Sates, the amount 
thereof to be determined by the Secretary of War, for the faithful per- 
formance of his duties and for the safe-keeping and proper disposition of 



238 CIVIL CODE OF SOUTH CAROLINA 

the Federal property and funds entrusted to his care. He shall, after hav- 
ing qualified as Property and Disbursing Officer, receive pay for his serv- 
ices at a rate to be fixed by the Secretary of War, and such compensation 
shall be a charge against the whole sum annually appropriated for the sup- 
port of the National Guard: Provided, That when traveling in the per- 
formance of his oificial duties, under orders issued by the proper authori- 
ties, he shall be reimbursed for his actual necessarj^ traveling expenses, the 
sum to be made a charge against the allotment of the State: Provided, 
further, That the Secretary of War shall cause an inspection of the accounts 
and records of the Property and Disbursing Officer to be made by an Inspec- 
tor General of the Army at least once each year: And provided, further, 
That the Secretary of War is empowered to make all rules and regulations 
uecessarj^ to carry into efi'ect the provisions of this Section. 

Civ. '12, § 524; 1905, XXIV, 792; 1917, XXX, 7. 

(577) § 2. Armorer— Salary— Duties— Assistance. — The Adjutant Gen- 
eral shall appoint an Armorer, who shall take charge of the State Armory 
and keep in order all the arms and ammunition therein, and whose salary 
shall be five hundred dollars per annum. The Armorer shall be required to 
work daily upon the public property in the State Arsenal or elsewhere, and 
shall be authorized to call for and obtain convict labor from the State 
Penitentiary to work at the said Arsenal whenever necessary, or to employ 
such labor at the penitentiary in doing work on the State arms and equip- 
ment. 

The Armorer shall be responsible for the State property in the Arsenal, 
and shall keep an account of the same and of all receipts and issues. 

Civ. '12, § 526; 1905, XXIV, 792; 1917, XXX, 7. 



ARTICLE IV. 

Organization of National Guard of State. 

(578) § 1. Of Whom National Guard to Consist.— The National Guard 
shall consist of the regularly enlisted militia between the ages of eighteen 
and forty-five years organized, armed and .equipped, as hereinafter pro- 
vided, and of commissioned officers between the ages of twenty-one and 
sixty-four j'^ears. 

Civ. '12, § 628; 1905, XXIV, 792; 1916, XXIX, 661; 1917, XXX, 7. 

(579) § 2. Organization of National Guard Same as That of United 
States Army — No Other Troops to Be Maintained — Provisos — Quota of 
Enlisted Men — Provisos. — Except as otherwise specifically provided 
herein, the organization of the National Guard, including the composition 
of all units thereof, shall be the same as that which is or may hereafter be 
prescribed for the regular army, subject in time of peace to such general 
exceptions as maj^ be authorized by the Secretary of War. And the Presi- 
dent may prescribe the particular unit or units, as to the branch or arm of 
service, to be maintained in order to secure a force which, when combined, 
shall form complete higher tactical units. 



CIVIL CODE OF SOUTH CAROLINA ■ 239 

No other troops shall be maintained in time of peace other than is author- 
ized in acco'dance with the organization prescribed under the Act of Con- 
gress of June 3, 1916 : Provided, That nothing contained in this Chapter 
shall be construed as limiting the rights of this State in the x;se of the 
. National Guard within its borders in time of peace: Provided, further, 
That nothing contained in this Chapter shall prevent the organization and 
m.aintenance of State police or constabulary. 

The number of enlisted men of the National Guard to be organized under 
this Act of Congress within one year from its passage shall be for this State 
in the proportion of two hundred such men for each Senator and Eepresen- 
tative in Congress from this State, each year thereafter in the proportion of 
not less than fifty per centum until a total peace strength of not less than 
eight hundi'ed enlisted men for each Senator and Representative in Con- 
gress shall have been reached : Provided, That this shall not be construed 
to prevent this State from organizing the full number of troops required 
in less time than is specified in this Section, or for maintaining existing 
organizations if they shall conform to such rules and regulations regarding 
organization, strength and armament as the President may prescribe. 

Civ. '12, § 529; 1905, XXIV, 792; 1916, XXIX, 662; 1917, XXX, 7. 

(580) § 3. Organization, Armament and Discipline to Be Same as for 
United States Army. — The organization, armament and discipline of the 
National Guard of South Carolina shall be the same as that which is now or 
may be hereafter prescribed for the Regular and Volunteer Armies of the 
United States. 

Civ. '12, § 530; 1908, XXV, 1105; 1917, XXX, 7. 

(581) § 4. Commander in Chief to Promulgate Orders to Conform 
National Guard in Organization, Etc., to United States Army. — It sliall be 
the duty of the Commander in Chief to make and publish such orders as 
may be necessary to conform said National Guard of South Carolina in 
organization, armament and discipline to that prescribed for the armies 
of the United States; and such orders, when duly made and published, 
shall have the force and effect of law. 

Civ. '12, § 531; 1905, XXIV, 792; 1908, XXV, 1105; 1917, XXX, 7. 



ARTICLE V. 

Commissioned Officers of the National Guard. 

(582) § 1. Commissioned Officers. — All officers shall be commissioned 
by the Governor, but no one shall be commissioned unless the conditions 
set forth in the following Sections have been complied with and no one shall 
be recognized as an officer unless he .shall have been duly commissioned and 
shall have taken the oath of office. 

Civ. '12, § 5.32; 1905, XXIV, 792; 1917, XXX, 7. 

(583) § 2. Requirements for Commissioned Officers.^ — Commissioned 
officers must be citizens of the United States, between the ages of 21 and 64. 



240 ■ CIVIL CODE OP SOUTH CAROLINA 

No person who has been expelled or dishonorably discharged from any 
military or naval organization shall be commissioned as an officer. No 
person shall be commissioned unless he shall possess the additional qualifi- 
cations herein prescribed for the particular office to which he is commis- 
sioned. A Brigadier General at the time of his appointment must be an 
officer in active service in the National Guard of this State of the grade of 
field officer, and for five successive years immediately preceding his appoint- 
ment he must have been in active service in said National Guard as a com- 
missioned officer. A Colonel of the line, at the time of his appointment, 
must either be an officer in active service in the National Guard of this State 
and for three successive years immediately preceding his appointment have 
been in active service in said National Guard as a commissioned officer, or, 
if not in active service at the time of his appointment must have had prior 
service of at least six years in the National Guard of this State or in the 
military or naval forces of the United States, or in all combined, as a com- 
missioned officer. A Lieutenant Colonel or Major of the line, or a Com- 
mander, or a Lieutenant Commander in the Naval Militia, must either be an 
officer in active service and for two successive years immediately preceding 
his appointment must have been in active service in the National Guard or 
Naval Militia of this State as a commissioned officer, or, if not in active 
service at the time of appointment, must have had prior service of at least 
six years in the National Guard or Naval Militia of this State, or in the mili- 
tary or naval forces of the United States, or in all combined, as a commis- 
sioned officer. Regimental and battalion staff officers must have served one 
year in the National Guard or Naval Militia of this State before they can be 
appointed as such. Officers of the staff corps and departments, except 
medical officers and the Judge Advocate, must be selected from the com- 
missioned officers in active service in the National Guard or Naval Militia of 
this State, who have been in active service in such National Guard or Naval 
Militia as commissioned officers for not less than five years. The Judge 
Advocate must be a counselor at law of the Supreme Court of this State of 
at least five years ' standing. Medical officers of the National Guard must be 
appointed in the manner prescribed by the War or Navy Departments. A 
Chaplain must be a regularly ordained minister of some religious denomi- 
nation. 

Civ. '12, § 533; 1905, XXIV, 792; 1910, XXIX, 662. 

(584) § 3. Commissioned Officers Now in Service Continued Without 
New Commission — Oath — Classification. — Commissioned officers of the 
National Guard now serving under commissions regularly issued shall con- 
tinue in office, as officers of the National Guard, without the issuance of new 
commissions: Provided, That said officers have taken, or shall take and 

subscribe to the following oath of office: "I, , do solemnly swear 

that I will support and defend the Constitution of the United States and 
the Constitution of the State of South Carolina, against all enemies, foreign 
and domestic ; that I will bear true faith and allegiance to the same ; that 
I will obey the orders of the President of the United States and the Gov- 
ernor of the State of South Carolina; that I make this obligation freelj^ 
without any mental reservation or purpose of evasion, and that I will well 



CIVIL CODE OF SOUTH CAROLINA 241 

and faithfully discharge the duties of the office of , in the National 

Guard of the United States and of the State of South Carolina, upon which 
I am about to enter. So help me, God. ' ' 

Persons hereafter commissioned as officers of the National Guard shall 
not be recognized as such under any of the provisions of this Chapter unless 
they shall have been selected from the following classes and shall have 
taken and subscribed to the oath of office prescribed in the preceding para- 
graph : Officers or enlisted men of the National Guard ; officers of the 
reserve or unassigned list of the National Guard ; officers, active or retired, 
and former officers of the United States Army, Na^^y and Marine Corps; 
graduates of the United States Military and Naval Academies and gradu- 
ates of schools, colleges and universities where military science is taught 
under the supervision of an officer of the Eegular Army, and, for the tech- 
nical branches and staff corps or departments, such other civilians as may 
be especially qualified for duty therein. 

Civ. '12, § 5W; 1905, XXIV, 792; 1917, XXX, 7. 

(585) § 4. Examination of Officers. — The provisions of this Chapter 
shall not apply to any person hereafter appointed an officer of the National 
Guard unless he shall ha'\'e successfully passed such tests as to his physical, 
moral and professional fitness as the President shall prescribe. The exami- 
nation to determine such qualifications for commission shall be conducted 
by a Board of three commissioned officers appointed by the Secretary of 
War from the Regular Army or the National Guard, or both. 

Civ. '12, § 534, 535; 1905, XXIV, 792; 1916, XXIX, 663; 1917, XXX, 7. 

(586) § 5. How Vacancies Filled. — All vacancies occurring in any 
grade of commissioned officers in any organization of the military service 
of the United States and composed of persons drafted from the National 
Guard, shall be filled by the President, as far as practicable, by the ajj- 
pointment of persons similarly taken from said Guard, and in the manner 
prescribed by law for filling similar vacancies occurring in the voluntary 
forces. 

All vacancies occurring in any grade of commissioned officers in any 
organization called into service of the United States under Section 8, Article 
I of the Constitution of the United States, .shall be filled by appointment by 
the Governor, upon recommendation of the commanding officer of said 
organization. 

1917, XXX, 7. 

(587) § 6. How Officers Selected. — The colonels and lieutenant colonels 
of regiments shall be elected by the field and company officers of their 
respective regiment. All other field officers shall be elected by the company 
officers of their respective organij^ations or units. The captains and lieu- 
tenants of troops, batteries or companies shall be elected by the members of 
these organizations who shall have performed, during the period not more 
than twelve months immediately preceding the election, at least sixty per 
cent, of the duty required of them, and who shall not be indebted at the 
time to the civil association of such troops, battery or company, organized 
as provided in this Chapter: Provided, Staff officers, including officers 
of the pay, inspection, subsistence and medical departments, hereafter 
appointed, shall have had previous military experience, and shall hold their 

C. C— 16 



242 CIVIL CODE OP SOUTH CAROLINA 

positions until they shall have reached the age of sixty- four years, unless 
retired prior to that time, by reason of resignation, disability or for cause, 
to be determined by court-martial legally convened for that purpose, and 
that vacancies among said officers shall be filled by appointment from the 
officers of the militia of South Carolina. 

Civ. '12, § 5K6; 1905, XXIV, T92; 1910, XXVI, 611; 1917, XXX, 7; 1920, XXXI, 1116. 

(588) § 7. How Brigadier General and Certain Other Oflacers Selected. 

— The Brigadier General shall be appointed by the Governor, upon the 
recommendation of a majority of the field officers of the line of the National 
Guard. Officers of the staff corps and departments, the extra officers 
allowed regiments and battalions for staff duty, veterinarians and chaplains, 
shall be appointed by the Governor, upon the recommendation of the com- 
manding officer on whose staff they are to serve. 

Civ. '12, § 337; 1905, XXIV, 792; 1911, XXVII, 148; 1917, XXX, 7. 

(589) § 8. Who Shall Issue Orders for Election.— The Governor shall 
issue the orders for the election of colonels and lieutenant colonels of regi- 
ments, for the election of the majors of separate battalions and squadrons, 
and also for the election of the captains and lieutenants of separate troops, 
batteries or companies. Commanding officers of regiments shall issue the 
orders for the election of all officers of their respective regiments. Com- 
manding officers of separate battalions or squadrons shall issue the orders 
for the election of the company officers of their respective organizations. 

Civ. '12, § 538; 1905, XXIV, 792; 1916, XXIX, 664; 1917, XXX, 7. 

(590) § 9. Procedure for Election of Officers. — The ballots for the elec- 
tion of the field officers will be forwarded, on the date specified in the order 
for the election, by mail to the officers ordering the election and at the same 
time a copy of the said ballot shall be mailed direct to the Adjutant Gen- 
eral. 

For the election of the company officers three managers of election shall 
be appointed by the company commander, who shall be duly sworn to per- 
form the duty of managers of said election without partiality, favor or 
affection. 

The said managers shall open the polls at the designated time and place 
specified in the order for the election and as soon as all the electors have 
cast their votes, or at the expiration of one hour from the opening of the 
polls, they shall at once publicly canvass the votes and declare the result 
of the election. A majority of the votes of all persons present voting at an 
election shall be necessary for a choice. The returns of said election, duly 
signed and sealed by the managers, together with the ballots and tally 
sheets, shall be mailed to the officer ordering the election, who will, five days 
from the receipt of the returns, announce in General Orders the result of 
said election and who shall also forward the ballots and tally sheets to the 
Adjutant General. Any contest or protest as to any election must be made 
within five days from the day of the election to the Adjutant General, whose 
decision in such cases, wlien approved by the Governor, shall be final. 

Civ. '12, § 539; 1905, XXIV, 792; 1917, XXX, 7. 



CIVIL CODE OF SOUTH CAROLINA 243 

(591) § 10. Efficiency Board — Duties — How Commissions Vacated— 
National Guard Reserve — Who Shall Appoint Efficiency Boards — Find- 
ings to Be Passed on by Governor. — At any time the moral character, 
capacity and general fitness for the service of any National Guard Officer 
may be determined by an Efficiency Board of three commissioned officers, 
senior in rank to the officer whose fitness for service shall be under investi- 
gation, and if the findings of such Board be unfavorable to such officer and 
be approved by the official authorized to appoint such officer, he shall be 
discharged. Commissions of officers of the National Guard may be vacated 
upon resignation, absence without leave for three months, upon the recom- 
mendation of an Efficiency Board, or pursuant to sentence of a court-mar- 
tial. Officers of said Guard rendered surplus by the disbandment of their 
organizations shall be placed in the National Guard Reserve. Officers may, 
upon their own application, be placed in the said Reserve. 

(a) In oi'ganizations of the National Guard not in Federal Reserve, the 
Efficiency Board should be appointed by the Governor. 

(b) In organizations of the National Guard in the service of the United 
States, the. Efficiency Board should be appointed by the authority competent 
to convene a court-martial for the trial of the officer. 

(e) In either case, the findings of the Efficiency Board are subject to the 
approval or disapproval of the Governor. 
Civ. '12, § 5U; 1905, XXIV, 792; 191T, XXX, 7. 

(592) § 11. Removal of Officers — Examinations for Fitness — Surplus 
Officers to Have Honorable Discharge. — A commissioned officer cannot be 
removed from office without his consent, except by the Senate, upon the 
recommendation of the Governor, or the sentence of a general court-martial : 
Provided, That as soon as practicable after the adoption of this Code elec- 
tions shall be ordered for the election of all elective officers as herein pre- 
scribed, and that thereafter no election shall be ordered unless for the pur- 
pose of filling an existing vacancy except upon petitions, stating good and 
sufficient grounds for the necessity for a change, signed by at least a 
majority of those qualified to vote at the election : Provided, That any com- 
missioned officer who has become or who shall become unfit or incompetent, 
and, therefore, incapable of performing the duties of his office, shall, upon 
the recommendation of his commanding officer, be ordered before a board of 
officers convened by the Governor, whose duty it shall be to determine the 
facts as to the nature and cause of incapacity of such officer and to report 
their finding in the case to the Governor, stating cause of incapacity, unfit- 
ness or incompetency, if such be proved to exist, and if he approves such 
findings, said officer shall be discharged from the service: Provided, fur- 
ther, That the Governor shall honorably discharge such officers as may be 
rendered surplus by the disbandment, muster out, consolidation or reorgani- 
zation of their command. 

Civ. '12, § 512; 1905, XXIV, 792; 1908, XXV, 1106; 1916, XXIX, 664. 

(593) § 12. Compensation of Certain Officers. — Certain commissioned 
officers on the active list belonging to organizations of the National Guard 
of this State participating in the apportionment of the annual appropria- 
tion for the support of the National Guard, .shall receive compensation for 



244 CIVIL CODE OF SOUTH CAROLINA 

their services, except during periods of service for which they may become 
lawfully entitled to the same pay as officers of corresponging grade of the 
Regular Army, as follows, not to include longevitj^ pay: A Captain five 
hundred dollars per year and the same pay shall be paid to every officer of 
higher rank than that of Captain ; a I'irst Lieutenant two hundred and forty 
dollars per year, and a Second Lieutenant two hundred dollars per year. 
Regulations to be prescribed by the Secretary of War shall determine the 
amount and character of service that must be rendered by officers to entitle 
them to the whole or specific part of the maximum pay hereinbefore author- 
ized : Provided, That all staff officers, aides-de-camp and chaplains shall 
receive not to exceed one-half of the pay of a Captain, except that Regi- 
mental Adjutants and Majors and Captains in command of machine gun 
comiDanies, ambulance companies, field hospital companies or sanitary 
troops shall receive the pay hereinbefore authorized for a Captain. 
1917, XXX, 7. 

(594) § 13. Officers' Reserve Corps — How Constituted — Regulations. — 

There shall be an Officers' Reserve Corps for commissioned officers who 
have served in the active militia. This corps shall include those commis- 
sioned officers who ax-e carried on the imassigned list at the date this Act 
takes effect and such others as may be transferred thereto in accordance 
with the provisions of this Act. Any officer of the militia on active duty 
may be transferred by the Governor to the Officers' Reserve Corps at his 
own request, if approved by the commanding officer of his organization. 
Any person who has served as a commissioned officer in the active militia 
or the army, navy or marine corps of the United States and has been honor- 
ably discharged therefrom may be commissioned in the Officers' Reserve 
Corps by the Governor with the highest rank previously held by him. Time 
spent in the Officers ' Reserve Corps shall not be credited to an officer in the 
computation of seniority, length of ser^^dce or the privileges and exemptions 
pertaining thereto. Regulations, retirements and discharges of officers 
in the Officers ' Reserve Corps shall be made in the same manner as provided 
by this Chapter for officers on active duty. Officers of the active militia 
who shall be rendered surplus by the abolishing of their office shall be with- 
drawn from active duty and placed in the Officers' Reserve Corps. 
1916, XXIX, 658. 

(595) § 14. Custom and Usage of U. S. Army or Navy to Decide Mat- 
ters Not Herein Provided For. — All matters relating to the organization, 
discipline and government of the National Guard or Naval Militia Jiot 
otherwise provided for in this Act or in General Regulations, shall be 
decided by the custom and usage of the United States Army or United 
States Navj''. 

Civ. '12, § r,oe; 190.5, XXIV, 792; 1916, XXIX, 667; 1917, XXIX, 7. 

(596) § 15. Retired List.— Any officer of the National Guard who shall 
have served as such for a continuous period of six years may, upon his own 
recjuest, be placed upon the retired list and withdrawn from active service 
and command b.y the Governor; and anj^ officer who shall have served as 
such for the continuous period of ten years may, upon his own request, be 



CIVIL CODE OF SOUTH CAROLINA 245 

placed upon the retired list with rank one grade higher than the rank held 
by him on date of retirement and shall be withdrawn from actual ser\'ice 
and command. 

Civ. '12, § 543; 1905, XXIV, 792; 1908, XXV, 1107; 1917, XXX, 7. 

(597) § 16. Medical Examination Required. — Every officer, before he 
shall be commissioned, and every person before he shall enlist or reenlist, 
shall be examined physically by a medical officer of the National Guard or 
a Naval Militia, or where the services of the same are not available, by a 
competent civilian physician. Such examination to be as prescribed by the 
War or Navy Departments. 

Civ. '12, § 547; 1905, XXIV, 792; 1908, XXV, 1107; 1916, XXIX, 665; 1917, XXX, 7. 



ARTICLE VI. 
Enlisted Men of the National Guard, 

(598) § 1. Who May Enlist. — An,y man who is a citizen of the United 
States, or has declared his intention to become a citizen, if more than eight- 
een and less than forty-five years of age, able-bodied, free from disease, of 
good character and temperate habits, may be enlisted in the National Guard 
of the State, under the restrictions of this Article, for a term of not less 
than two years ; except that men may be enlisted as musicians if more than 
sixteen years of age. No minor shall be enlisted without the written con- 
sent of his parent or guardian. A man who has been expelled or dishonor- 
ably discharged from any military organization of the State or United 
States shall not be eligible for enlistment or reenlistment unless he produce 
the written consent to such enlistment of the commanding officer of the 
organization from which he was expelled or dishonorably discharged, and 
of the commanding officer who approved such expulsion or issued such dis- 
honorable discharge. Men who have been discharged by reason of disband- 
ment may be enlisted, and shall then receive credit for the period served at 
the time of such disbandment. A man discharged for physical disability 
shall, if such disability cease, and he again enlists, or a man discharged 
upon his own request, shall, if he again enlist, receive credit for the period 
served prior to such discharge : Provided, That in order to make such 
service continuous, for computing continuous service pay, he shall have 
again enlisted within three months after his discharge. Bandmasters, 
Drum Majors, Chief Trumpeters, Veterinary Surgeons, members of the 
hospital corps and musicians may be enlisted as such. 

Civ. '12, § 544; 1905, XXIV, 792. 

(599) § 2. Reenlistment. — Any man who has served the period of his 
original enlistment may be reenlisted for a like term of two years. No man 
above the age of forty-five years shall be reenlisted except by permission of 
the commanding oiScer of the regiment to which the organization is attached, 
or in case of separate battalions, squadrons or companies, by the command- 
ing officer thereof. 

Civ. '12, § 545; 1905, XXIV, 792. 



246 CIVIL CODE OF- SOUTH CAROLINA 

(600) § 3. Regulations as to Enlistments. — Every person who enlists or 
reenlists shall sign and take the oath prescribed in Section (554) of this 
Code, but no enlistment shall be valid unless it be approved by the com- 
manding officer of the organization to which the troop, battery or company 
is attached, or of which it forms a part. A person making a false oath as 
to any statement contained in such enlistment paper shall, upon conviction, 
be deemed guilty of perjury. Muster-in rolls and enlistment papers shaU 
be made in triplicate, one of which shall be retained at headquarters of the 
regiment. The original shall be forwarded to the office of the Adjutant 
and Inspector General within ten daj'S from any muster or enlistment of 
men, and one copy shall be retained by the company commander. 

Civ. '12, § 546; 1908, XXV, 1107; 1905, XXIV, 792. 

(601) § 4. Transfer of Enlisted Men and Noncommissioned Officers. — 

Enlisted men may be transferred upon their own application in the same 
regiment, from one company or troop to another, by the commanding officer 
of such regiment, battalion or squadron; from one regiment, battalion or 
squadron not part of a regiment, separate troop, battery or separate com- 
pany, to another in the brigade by the commanding officer of the brigade. 
Noncommissioned officers must be returned to the ranks before they can be 
transferred. 

Civ. '12, § 548; 1905, XXIV, 792; 1917, XXIX, 7. 

(602) § 5. Who to Warrant Noncommissioned Officers. — Commanding 
officers of regiments, and of battalions and squadrons not part of regi- 
ments, shall appoint and warrant the noncommissioned staff officers of 
their respective regiments, battalions or squadrons, and they shall, in their 
discretion, warrant the noncommissioned officer of the troop, batteries and 
companies of their respective regiments, battalions and squadrons from the 
members thereof, upon the written nomination of the commanding officers 
of the troops, batteries and companies, respectively. In troops, batteries 
and companies not part of a regiment, battalion, or squadron, the noncom- 
missioned officers shall be warranted by the commanding officer of the 
brigade, in his discretion, from the members thereof, upon the written 
nomination of the commanding officer of the troop, battery, or company. 

Civ. '12, § 549; 1905, XXIV, 792; 1917, XXIX, 7. 

(603) § 6. Reduction to Ranks of Noncommissioned Officers. — The 

officer warranting a noncommissioned officer shall have power to reduce to 
the ranks, upon the recommendation of the company commander, for good 
and sufficient reasons, the noncommissioned officers named in this Section; 
but such as were enlisted as noncommissioned officers shall be discharged. 
Noncommissioned officers who shall be dropped vacate their positions. 

Civ. '12, § 550; 1905, XXIV, 792; 1917, XXX, 7. 

(604) § 7. Transfer of Enlisted Men— When Furloughed to Reserve- 
When to Be Deemed Deserters. — An enlisted man who shall remove his 
residence to such distance from the armory of his organization as to render 
it impracticable for him to perform his duties properly, shall be trans- 
ferred to a unit of the National Guard located at the place of his new 
residence : Provided, That when there is no organization of the National 



CIVIL CODE OF SOUTH CAROLINA 247 

Guard located at his new resideiace the soldier shall be furloiighed to the 
National Guard Reserve by order of the Governor, or who, after due dili- 
gence cannot be found, shall be dropped from the roll as a deserter, or 
who shall be convicted of a felony, may be dropped from the roll of his 
organization by order of the commanding officer of the brigade, regiment, 
battalion or squadron, not part of a regiment. 
Civ. '12, § 551; 1905, XXIV, 792; 1917, XXX, 7. 

(605) § 8. Terms of Service of Enlisted Meii— Discharge.— All enlisted 
men of the National Guard shall be held to service until they shall be regu- 
larly discharged. No discharge shall be ordered before the expiration of a 
soldier 's period of enlistment, except : : 

(a) By order of the President or the Secretary of War. 

(b) By sentence of a General Court-martial. 

(c) By direction of the Governor on account of physical disability; on 
account of a sentence of imprisonment by a civil court, whether suspended 
or not ; on account of a hona fide permanent change of residence to another 
State, Territory, or the District of Columbia; or in the case of a soldier 
about to be furloughed to the National Guard Reserve, whose previous serv- 
ice has not been honest and faithful ; or for the purpose of enlisting in the 
regular army, navj^ or marine corps. 

Civ. '12, § 553; Civ. '12, 552; 1905, XXIV, 792; 1916, XXIX, 665; 191T, XXX, 7. 

(606) § 9. National Guard Reserve — Pay. — Subject to such rules and 
regulations as the President may prescribe, a National Guard Reserve shall 
be organized in this State, and shall consist of such organization, officers 
and enlisted men as the President may prescribe, or members thereof may 
be assigned as reserves to an active organization of the National Guard: 
Provided, That members of said reserve, when engaged in field or coast 
defense training with the active National Guard, shall receive the same 
Federal pay and allowances as officers and enlisted men of like grade on the 
active list of said Guard when likewise engaged: Provided, further, That 
except as otherwise specifically provided in this Act, no commissioned or 
enlisted reserves shall receive any pay or allowances out of any appropria- 
tion made by Congress for National Guard purposes. 

When members of the National Guard and the enlisted reserve shall have 
been brought into the service of the United States in the time of war, there 
shall be immediately organized, either from enlisted reserve or from the 
unorganized militia, one reserve battalion for each regiment of infantry and 
cavalry, or each nine batteries of field artillery or each twelve companies of 
■ coast artillery brought into the service of the United States, and such reserve 
battalion shall constitute the fourth battalion of any such regiment or twelve 
companies of coast artillery. Reserve battalions shall consist of four com- 
panies of such strength as may be prescribed by the President of the United 
States. When the members of three or more regiments of the National 
Guard shall have been brought into the service of the United States the 
reserve battalions of such regiments may be organized into pro^dsional 
regiments and higher units. If for any reason there shall not be enough 
voluntary enlistments to keep the reserve battalions at the prescribed 
strength, a sufficient number of the unorganized militia shall be drafted 



248 CIVIL CODE OP SOUTH CAROLINA 

into the service of the United States to maintain each of such battalions at 
the proper strength. As vacancies occur from death or other causes in any 
organization in the service of the United States and composed of men taken 
from the National Guard, men shall be transferred from the reserve bat- 
talion to the organization in the field, so that such organizations may be 
maintained at war strength. Officers for the reserve battalion provided for 
herein shall be drafted from the National Guard Reserve or Coast Artillery 
companies of the National Guard of the Officers' Reserve Corps. Officers 
and noncommissioned officers returned to the home stations because of their 
inabilitj' to perform actual field service may be assigned to reserve battalions 
for duty, and all soldiers invalided home shall be assigned to and carried on 
the rolls of the reserve battalion until returned to duty or until discharged. 
1917, XXX, 7. 

(607) § 10. Compensation of Enlisted Men — Drill Attendance Condition 
Precedent to Drawing Pay — Computation of Compensation — Disburse- 
ment. — Each enlisted man on the active list belonging to an organization 
of the National Guard of this State, participating in the apportionment of 
the annual appropriation for the support of the National Guard shall 
receive compensation for his services, except during periods of service for 
which he may become lawfully entitled to the same pay as an enlisted man 
of corresponding grade in the Regular Army, at a rate equal to 25 per 
centum of the initial pay now provided by law for enlisted men of corre- 
sponding grade of the Regular Army : Provided, That such enlisted man 
shall receive the compensation herein provided if he shall have attended not 
less than forty-eight regular drills during any one year, and a proportion- 
ate amount for attendance upon a lesser number of such drills, not less than 
twenty- four ; and no such enlisted man shall receive any part of said com- 
pensation except as authorized by this proviso and the three provisos next 
following : Provided, further, That the compensation provided herein shall 
be comiDuted for semiannual periods beginning the first day of Januarj^ 
and the first day of July of each j^ear, in proportion to the number of drills 
attended ; and no compensation shall be paid to any enlisted man for the 
first semiannual period of any year unless he shall have attended during 
said period at least twenty-four drills, but any lesser number of drills 
attended during said jjeriod shall be reckoned with the drills attended dur- 
ing the second semiannual period in computing the compensation, if any, 
due him for that year : Provided, further. That when any man enters into 
an enlistment other than an immediate reenlistment, he shall be entitled to 
proportional compensation for that year if during the remainder of the 
year he shall attend a number of drills whose ratio to twenty-four is not 
less than the ratio of the part of the year so served to the whole year ; and 
when any man's enlistment shall expire the compensation, if any, to which 
he may be entitled shall be determined in like manner : Provided, further. 
That periods of anj- actual military duty equivalent to the drills herein 
prescribed f except those periods of service for which members of the 
National Guard may become lawfully entitled for the same pay as officers 
and enlisted men of the corresponding grade in the Regular Army) may 
be accepted as service in lieu of such drills when so provided by the Secre- 
tary of "War. 



CIVIL CODE OF SOUTH CAROLINA 249 

All amounts appropriated for the purpose of this and the last preceding 
Section shall be disbursed and accounted for by the oiBcers and agents of 
the Quartermaster corps of the army, and all disbursements under the fore- 
going provisions of this Section shall be made as soon as practicable after 
the thirty-first day of December and the thirtieth day of June of each year 
upon pay rolls prepared and authenticated in the manner to be prescribed 
by the Secretary of "War : Provided, That stoppages may be made against 
the compensation payable to anj' officer or enlisted man hereunder to cover 
the cost of public property lost or destroyed by and chargeable to such 
officer or enlisted man. 

1917, XXX, 7. 



ARTICLE VII. 

South Carolina National Guard in the City of Charleston. 

(608) § 1. "Board of Officers of South Carolina National Guard in the 
City of Charleston" — How Composed — Continuation of Corporation and 
Corporate Privileges — Use and Dedication of Citadel Green — The cor- 
poration heretofore known as the "Board of Field Officers of the Fourth 
Brigade, South Carolina Militia," and subsequently as the "Board of Field 
Officers, Fourth Brigade, South Carolina Volunteer Troops," and subse- 
quentlj' thereto as "The Board of Officers of South Carolina Volunteer 
Troops in the City of Charleston," shall hereafter be known and styled "The 
Board of Officers of South Carolina National Guard in the Citj' of Charles- 
ton ; ' ' and shall consist of a colonel or other officer in the City of Charleston 
commanding the troops hereafter mentioned, and the commanding officers 
of the following companies now forming a part of the National Guard of 
the State of South Carolina within the limits of the Citj^ of Charleston, to 
wit: The German Fusileers, Irish Volunteers, Washington Light Infantry, 
German Artillery, Lafayette Artillery, Sumter Guards and Palmetto 
Guards, and of such one or more of them as shall continue to exist. 

The said corporation so composed shall continue to be and shall be a body 
politic and corporate, for the purpose of holding all property, both real and 
personal, now owned or hereafter to be acquired by the said corporation for 
the benefit of the companies hereinbefore designated. 

The said corporation, so composed, shall continue to take, purchase and 
hold property, both real and personal, for the benefit of the companies 
hereinbefore designated, and the same to pledge, sell and transfer from 
time to time on such terms and under such conditions, and subject to such 
regulations as may be prescribed by said corporation. 

That all of the property, real and personal, choses in action and assets of 
the corporation created by the Act of January 4, 1804, and its predeces- 
sors, is hereby vested in the corporation hereby created as the successor of 
the said several corporations : Provided, Jiotvever, That the property 
known as Marion Square, otherwise called the Citadel Green, now vested 
in said corporation as constituted by this Article, shall forever be kept by 
it as a place for the military exercises of the companies hereinbefore desig- 
nated : And provided, further. That the Corps of Cadets of the State Mili- 
tary College shall have the right to use the said Marion Square, otherwise 



250 CrVIL CODE OF SOUTH CAROLINA 

called the Citadel Green, as a place for military exercise, and recreation, 
under such regulations as may be prescribed by the Board of Visitors 
thereof. 

The said corporation, hereby created, shall have a common seal, and shall 
have the right to sue and be sued in the courts of this State. 

The said corporation, hereby constituted, is hereby declared, recognized 
and confirmed as the successor of the original corporators ; and all acts done 
by them or by any persons heretofore acting as successors of said original 
corporations in their corporate capacity as field officers of the Fourth 
Brigade in their several said corporate capacities, are hereby confirmed. 

Civ. '12, § 554; 1905, XXIV, 792; 1917, XXX, 7. 

(609) § 2. Tax to Be Levied for Above Board— Distribution and Ex- 
penditure of Funds. — The County Board of Commissioners of Charleston 
County are hereby authorized and directed to le^^- an annual tax of one- 
eighth of one mill on all the taxable property in the City of Charleston, 
the same to be collected by the County Treasurer of Charleston County, 
for the benefit of, and to be paid over to, the Board of Officers of South 
Carolina National Guard in the City of Charleston. The funds arising 
from the .said le\^ shall be distributed by the said Board among the com- 
panies of the said South Carolina National Guard in the City of Charleston, 
and the Charleston Light Dragoons in proportion to the average attendance 
of such drills and parades, as may be designated by the said Board. The 
moneys thus appropriated shall be expended by said companies only for 
the purchase of arms, ammunition, equipment and uniforms and for such 
other expenses as may be necessary for the military efficiency of the said 
companies ; and the company commander shall, on the 15th day of Septem- 
ber of each j^ear, make a full report of the said expenditures to the com- 
manding officer of the South Carolina National Guard in the City of 
Charleston, who shall forward the same to the Adjutant General : Provided, 
That one-tenth of the amount collected by the said lew shall be paid by the 
Board of the commmanding officer of the colored troops in the City of 
Charleston to be bj- him distributed to the companies of his command in the 
City of Charleston. 

Civ. '12, § 555; 1905, XXIV, 792; 1916, XXIX, 931; 1917, XXX, 7. 



ARTICLE VIII. 

Arms, Parades, Drills, Etc. 

(610) § 1. Uniform, Armament and Equipment of Units of National 
Guard — No Military Property to Be Lent. — Each regularly organized 
unit of the National Guard shall be furnished, through the property and 
disbursing officer of the United States, with such arms, uniforms and equip- 
ments, as are required upon the written requisitions of the commanding 
officers of such units, respectiveh', approved by the regimental commander. 
The arms and equipments so furnished to any organization of the National 
Guard shall continue to be the property of the United States, to be used 
for military purposes only, and shall be returned whenever called for by 
proper authority. 



CIVIL CODE OP SOUTH CAROLINA 251 

It shall be unlawful, and it is hereby forbidden, for any officer of the 
National Guard or other person responsible for arms, equipment or other 
military property to loan the same under any circumstances whatsoever. 

Civ. '12, § 556; 1905, XXIV, 792; 1917, XXX, 7. 

(611) § 2. Regulations Concerning Care and Use of Military Property. 

— Any officer who shall receive, according to the provisions of this Article, 
any arms, equipment, or other military property sliall distribute the same 
to his command as he may deem proper; taking vouchers therefor. All 
property so distributed shall remain in the armory of the command and 
shall not be removed therefrom, except by permission of the commanding 
officer. Every officer or enlisted man of any company of the National 
Guard to whom any arms, equipment or other military property shall be 
.so delivered, shall be held personally responsible for its care, safe-keeping 
and return. He shall use the same for military drills, parades and musters 
only; and upon receiving a discharge or otherwise leaving the military 
service, or upon the demand of his commanding officer he shall forthwith 
surrender and deliver up the said arms and equipment, together with all 
other military propertj^ that may be in his possession, to the said command- 
ing officer, in as good order and condition as the same were at the time he 
received them, reasonable use and ordinary wear thereof excepted. 

Civ. '12, § 557; 1905, XXIV, 792; 1917, XXX, 7. 

(612) § 3. Unlawful Disposition and Misuse of Military Property — 
Penalty — Repossession of Property Wrongfully Held. — Any officer or 
enlisted man who shall, contrary to the lawful orders of the proper officer, 
retain in his possession or control any arms, equipments, or other articles 
of military property belonging to the State of the United States, or who 
shall wilfully or maliciously destroy or injure such property, or who shall, 
when not on duty, use or wear such property without permission of his 
commanding officer, shall be tried therefor by a Magistrate, and, upon con- 
viction, shall be fined not exceeding one hundred ($100.00) dollars or 
imprisoned not exceeding thirty (30) days. Whenever such military 
property shall be found in the custody or possession of other persons with- 
out right, any officer shall take possession of the same. 

Civ. '12, § 558; 1905, XXIV, 792; 1917, XXX, 7. 

(613) § 4. Same — How Money Recovered to Be Used. — Any person who 
shall secrete, sell, dispose of, offer for sale, purchase, retain after demands 
made by a commissioned officer of the National Guard, or in any manner pawn 
or pledge any arms, uniforms, equipments or other military property, issued 
under the iJrovisions of this Chapter, and any person who shall wear any 
uniform or any dexdee, strajD, knot or insignia of any design or character 
used as a designation of grade, rank or office, such as are by law or by 
general regulations duly promulgated, prescribed for the use of the National 
Guard or similar thereto, except members of the army and navy of the 
United States and the National Guard of this or any other State, shall be 
tried therefor by a Magistrate, and, upon conviction thereof, shall be fined 
not exceeding one hundred ($100.00) dollars or imprisoned not exceeding 
thirty (30) days. 



252 CIVIL CODE OF SOUTH CAROLINA 

All money recovered by any action or proceeding under this or the preced- 
ing Section shall be paid to the Adjutant General, who shall apply the same 
to the use of the National Guard. 

Civ. '12, § 559; 1905, XXIV, 792; 1917, XXX, 7. 

(614) § 5. Other Officers in Possession of Military Property Not to 
Leave Service Until it Has Been Accounted For — Liability in Certain 
Cases. — Any other officer receiving public property for military use shall 
be accountable for the article so received by him, and shall not be dis- 
charged or allowed to resign from the service until he has returned to the 
Adjutant General a receipt from his successor in command, or a proper 
accounting officer for the articles issued to him, in good order of condition, 
or has shown to the Adjutant General by satisfactory proof, or by action 
of a Board of Survey, that any article not so accounted for has been 
properly expended in the service or injured, lost or destroyed without any 
fault or neglect on his part; or if lost or wilfully injured or destroyed 
through the misconduct of any person, that reasonable efforts have been 
made by him to recover or prosecute for the same. In addition, he shall 
be liable to make good to the State or United States all such property so 
injured, lost or destroyed by any neglect or default on his part, and for 
the recovery of which he has made no reasonable effort. 

Civ. "12, § 560; 190.5, XXIV, 792; 1917, XXX, 7. 

(615) § 6. Parade, DriUs, Etc. — Regimental, Brigade, and Battalion 
commanders ma.y order out their respective commands, or any part of them, 
for parade, drill, review or inspection, at such times and places as they may 
deem most convenient. The Commander in Chief may order reviews or 
encampments of such portions of the National Guard at .such times and 
places as he shall deem proper. 

Civ. '12, § 5G1; 1905, XXIV, 792; 1916, XXIX, 668; 1917, XXX. 7. 

(616) § 7. How Nonattendance for Duty to Be Dealt With. — No officer 
or enlisted man shall fail in repairing at the time fixed to the place of 
parade, drill or other rendezvous appointed by his commanding officer, if 
not prevented by sickness or some other evident necessity, or shall go from 
the said place of rendezvous without leave from his commanding officer 
before he shall be regularly dismissed or relieved, on the penalty of being 
punished, according to the nature of his offense, by the sentence of a court- 
martial. 

Civ. '12, § .562; 1905, XXIV, 792; 1917, XXX, 7. 

(617) § 8. Punishment for Trespass on Camp Ground and for Moles- 
tation of Forces — Prevention of Sale of Liquors and Gambling- Within 
Certain Limits. — The commanding officer upon any occasion of duty may 
place in arrest during the continuance thereof any person who shall tres- 
pass upon the camp ground, parade grounds, armory or other place devoted 
to such duties, or shall in any way or manner interrupt or molest the orderly 
discharge of duty by those under arms, or shall disturb or prevent the pas- 
sage of troops going to or returning from any duty. 

He shall prohibit and prevent the sale or use of all spirituous liquors, 
wines, ale or beer, the holding of huckster or auction sales, and all gambling 



CIVIL CODE OF SOUTH CAROLINA 253 

within the limits of the post, camp grounds, place of encampment, parade 
or drill under his command or within such limits, not exceeding one mile 
therefrom, as he may prescribe. And he maj^, in his discretion, abate as 
common nuisance all such sales. 

Civ. '12, § 503; 1905, XXIY, 792; 1916, XXIX, 668; 1917, XXX, 7. 

(618) § 9. Corps of Instruction.' — The commanding officer of any brigade, 
regiment, battalion or company shall require the commissioned officers and 
noncommissioned officers of his command to meet for instruction, exercise 
and improvement at such times and places as he may appoint ; and he shall 
require them to appear with such arms and accouterments as he may pre- 
scribe ; said officers shall thereupon be formed into a corps of instruction, 
without regard to rank, and shall be thoroughly instructed in the manual of 
arms, the school of the soldier and the company, and in such other theoreti- 
cal and practical details as the said commanding officer may deem proper. 

Civ. '12, § 564; 190.5, XXIV, 792; 1916, XXIX, 668; 1917, XXX, 7. 

(619) § 10. Soldiers to Have Free Passage and Ferriage in Certain 
Cases. — Any person belonging to the military forces of this State, going 
to or returning from any parade, drill or meeting which he may be 
appointed by law to attend, shall, together with his conveyance and the 
military property of the State, be allowed to pass free through all toll gates 
and over all toll bridges and ferries. 

Civ. '12, § 565; 1905, XXIV, 792; 1917, XXX, 7. 



ARTICLE IX. 

Military Courts. 

(620) § 1. Court-martial — Procedure. — Except in organizations in the 
service of the United States, courts-martial in the National Guard shall be 
of three kinds, namely: General court-martial, special court-martial and 
summary courts-martial. They shall be constituted like, and have cogni- 
zance of the same subjects, and possess like powers, except as to punish- 
ments, as similar courts provided for by the laws and regulations governing 
the Army of the United States, and the proceedings of courts-martial of the 
National Guard shall follow the form and modes of procedure prescribed 
for said similar courts. 

Civ. '12, § 566; 190.5, XXIV, 792; 1916, XXIX, 666; 1917, XXX, 7. 

(621) § 2. General Courts-martial — Powers. — General Courts-martial of 
the National Guard not in the service of the U^nited States may be con- 
vened by orders of the President, or of the Governor, and such courts shall 
have the power to impose fines not exceeding two hundred ($200.00) dollars, 
to sentence to forfeiture of pay and allowance ; to a reprimand ; to dismis- 
sal or dishonorable discharge from the service ; to the reduction of noncom- 
missioned officers to the ranks, or any two or more of such punishments 
may be combined in the sentence imposed by such courts. 

Civ.. '12, § 570; 1905, XXIV, 792; 1911, XXVII, 148; 1916, XXIX, 666; 1917, XXX, 7. 



254 CIVIL CODE OF SOUTH CAROLINA 

(622) § 3. Special Courts-martial — Powers. — In the National Guard, not 
in the service of the United States, the commanding officer of each garrison, 
fort, post, camp or other place, brigade, regiment, detached battalion, or 
other detached command, may appoint special courts-martial for his com- 
mand ; but such special courts-martial may in any case be appointed by 
superior authority when by the latter deemed desirable. Special courts- 
martial shall have power to try any person subject to military law, except a 
commissioned officer, for any crime or offense made punishable by the mili- 
tary laws of the United States, and such special courts-martial shall have 
the same powers of punishment as do general courts-martial, except that 
fines imposed by .such courts shall not exceed one hujidred ($100.00) dollars. 

Civ. '12, § 571; 1905, XXIV, 792; 1916, XXIX, 666; 1917, XXX, 7. 

(623) § 4. Discretion Vested in Officers to Punish Derelictions of Duty 
— Accused to Be Informed of Right to Trial. — Commanding olScers will 
not be required to bring every dereliction of duty before a court for trial, 
but are authorized to prevent their recurring by admonitions, withholding 
of privileges, and taking such steps as are necessary to enforce their orders. 
Company commanders are authorized, subject to the control of the com- 
manding officers, to dispose of cases of dereliction of duty in their command, 
which would be within the jurisdiction of inferior courts-martial, by requir- 
ing extra tours of fatigue, unless the soldier concerned demands a trial. 
The riglit to demand a trial must be made known to him. 

Civ. '12, § 573; 1916, XXIX, 666. 

(624) § 5. When Officer May Be Court-Martialed. — An officer who 
neglects to perform the duties of his office, or to obey the rightful orders of 
his superiors, or who is guilty of conduct unbecoming an officer and a gen- 
tleman, or who violates any of the provisions of this Chapter may be put 
under arrest by his superior officer and tried by a court-martial. 

Civ. '12, § 569; 1905, XXIV, 792; 1917, XXX, 7. 

(625) § 6. Summary Courts — Powers.' — In the National Guard, not in 
the service of the United States, the commanding officer of each garrison, 
fort, post or other place, regiment and corps, detached battalion, company or 
other detachment of the National Guard may appoint for such place or 
command a summary court to consist of one officer, who shall have power 
to administer oaths and' to try the enlisted men of such places or command 
for breaches of discipline and violation of laws governing such organiza- 
tions ; and said court, when satisfied of the guilt of each soldier, may impose 
fines not exceeding $25.00 for any single offense ; may sentence noncommis- 
sioned officer to reduction to ranks ; may sentence to forfeiture of pay and 
allowances. The proceedings of .such court shall be informal, and the min- 
utes thereof shall be the same as prescribed for summary courts of the 
Army of the United States. 

Civ. '12, § 574; 1905, XXIV, 792; 1916, XXIX, 667; 1917, XXX, 7. 

(626) § 7. Sentence to Confinement May Be Imposed. — All courts- 
martial of the National Guard, not in the service of the United States, 
including suminary courts, shall have power to sentence to confinement in 



CIVIL CODE OF SOUTH CAROLINA 255 

lieu of fines authorized to be imposed: Provided, That such sentence of 
confinement shall not exceed one day for each dollar of fine authorized. 
1917, XXX, 7. 

(627) § 8. Governor Must Approve Finding of Discharge or Dismissal. 

• — No sentence of dismissal from the service or dishonorable discharge, 
imposed by a National Guard court-martial, not in the service of the United 
States, shall be executed until approval by the Governor. 
1917, XXX, 7. 

(628) § 9. Courts-martial Officers Empowered to Issue Warrants and 
Try Offenders, Etc.— By Whom Process to Be Executed.— In the National 
Guard, not in the service of the United States, presidents of courts-martial 
and summary court officers shall have power to issue warrants to arrest 
accused persons and to bring- them before the court for trial whenever such 
persons shall have disobeyed an order in writing from the convening author- 
ity to appear before such court, a copy of the charge or charges having been 
delivered to the accused with such order, and to issue subprenas and sub- 
poenas duces tecum to enforce by attachment attendance to witnesses and 
the production of books and papers, and to sentence for a refusal to be 
sworn or to answer as provided in actions before civil courts. 

All process and sentences of said courts shall be executed by .such civil 
officers as may be prescribed by the laws of the State where no provision 
shall have been made for such action, such process and sentences shall be 
executed by a United States Marshal or his duly appointed Deputy, and it 
shall be the duty of any United States Marshal to execute all such process 
and sentences and make return thereof to the officer issuing or imposing the 
same. 

The Naval Courts in this State shall be such as are proscribed by laws 
and regulations for the United States Navy. 

1917, XXX, 7. 

(629) § 10. Compensation lof Officers on Court-martial Duty. — Officers 
detailed to duty on general courts-martial shall be entitled to one dollar 
and a half per day and actual expenses incurred in attending said court. 

1917, XXX, 7. 

(630) § 11. Review of Court-martial Proceedings — Filing. — The pro- 
ceedings and sentence of a court-martial shall, without delay, be trans- 
mitted to the ojScer ordering the court, or to his successor in command, who 
shall, within fifteen days thereafter, approve, disapprove, commute or 
remit the sentence and issue his order thereon ; and he shall also tran.smit 
such proceedings and sentence, with his action thereon, to the Adjutant 
General, to be filed in his office. 

Civ. '12, § 57.5; 190.5, XXIV, 792; 1917, XXX, 7. 

(631) § 12. Deck Courts. — The commanding officer of the Naval Bat- 
talion maj^ at any time appoint a deck court for the trial of enlisted men of 
the Naval Militia. This court shall have the same powers and jurisdiction 
over the Naval Militia as a summary court has over the National Guard. 

Civ. '12, § 585; 1905, XXIV, 792; 1911, XXVII, 148; 1917, XXX, 7. 



256 CIVIL CODE OF SOUTH CAEOLINA 

(632) § 13. Marshals May Be Appointed. — The president of any court- 
martial or court of inquiry may appoint, by warrant, under his official 
signature, one or more marshals, who shall, when required, execute any 
process lawfully issued by such president or court, and perform all acts and 
duties by this Article imposed on, and authorized to be performed by, any 
Sheriff or Constable. 

Civ. '12, § 579; 1905, XXIV, 792; 1917, XXX, 1. 

(633) § 14. Scope of Punitive Powers of Courts-martial. — General and 
special courts-martial and summary courts, in addition to their usual 
powers, shall have the power to impose punishments upon members of the 
National Guard convicted by such courts, within the same limits as Magis- 
trates now have by law. 

Civ. '12, § 580; 1905, XXIV, 792; 1917, XXX, 7. 

(634) § 15. Procedure for Executions and "Warrants— Punishment for 
Failure of Officer to Make Execution. — Every Marshal, Sheriff or Con- 
stable to whom any such warrant or execution shall be directed and deliv- 
ered must execute the same by levying and collecting the fines and penalties 
and make return thereof to the officer who issued the same within sixty 
daj^s from the receipt of such execution or warrant, paying over the amount 
coUected to the proper officer, in accordance with the provisions of this 
Article. Any Marshal, Sheriff or Constable failing or refusing to execute 
such execution or warrant as herein required, or to make return thereof and 
pay over fines so collected, or enforce imprisonment imposed by said courts, 
shall be subject to rule and attachment from the Court of Common Pleas 
of the county wherein he resides, upon motion of any attorney, or president 
of a court-martial, or the officer ordering the same, or any other officer 
whose duty it is to see that such process be dul.y executed. 

Civ. '12, § 581; 1905, XXIV, 792; 1917, XXX, 7. 

(635) § 16. Fees for Executing Process, Etc. — For executing process, 
or jjerforming any service required by the provisions of this Article, Sheriffs 
and Constables shall be entitled to the same fees as they are allowed by law 
for similar servaces in civil or criminal cases. Marshals, to whom an exe- 
cution or warrant for the collection of fines and penalties may be directed 
or delivered, as provided in this Article, shall be entitled to the like fees 
as Sheriffs for similar services. 

Civ. '12, § 582; 1905, XXIV, 792; 1917, XXX, 7. 

(636) § 17. Disposition of Fines and Penalties. — All fines and penalties 
collected from any officer or enlisted man of a regiment shall be paid by the 
officer collecting the same to the commanding officer of the company to 
which the person so fined belonged, and shall constitute a portion of the 
military fund for such organization, which shall be disbursed by order of 
the commanding officer thereof. All fines and penalties collected from any 
other person shall be paid by the officer collecting the same to the Adjutant 
General of the State, to -be expended for the use of the National Guard of 
the State. 

Civ. '12, § 583; 1905, XXIV, 792; 1917, XXX, 7. 



CIVIL CODE OF SOUTH CAROLINA 257 

(637) § 18. Exemption from Action at Law When Acting Under Author- 
ity. — No action or proceeding shall be prosecuted or maintained against 
a member of a military court, or ofificer or person acting under its authority 
or reviewing its proceedings, on account of the approval or imposition or 
execution of any sentence, or the imposition or collection of a fine or pen- 
alty, or the execution of any warrant, writ, executions, process or mandate 
of a militarj' court. 

Civ. '12, § 567; 1905, XXIV, 792. 

(638) § 19. Burden of Proof to Defeat Jurisdiction. — The jurisdiction 
of the courts and boards established by this Chapter shall be presumed, 
and the burden of proof shall rest on any person seeking to oust such courts 
or boards of jurisdiction in any action or proceeding. 

Civ. '12, § 568; 1905, XXIV, 792. 

(639) § 20. President of Court-martial or Court of Inquiry. — The presi- 
dent of every court-martial or court of inquiry shall be the member of the 
court senior in rank, who, besides his duties and pri\'ileges as a member, 
shall be the organ of the court to keep order and conduct its business. 

In his absence, the senior otScer present shall preside, with all the power 
of the president. All the members of such court shall, when on duty, be 
in uniform ; and the court may sit without regard to hours, and may adjourn 
from time to time, as may be necessarj' for the transaction of business. 

Civ. '12, § 576; 1905, XXIV, 792. 

(640) § 21. Preservation of Order. — Courts-martial and courts of 
inquiry are authorized and empowered to preserve order during their ses- 
sions; and any person or persons who shall be guilty or disorderly, con- 
temptuous or insolent behavior in, or use anj^ insulting or contemptuous or 
indecorous language or expressions to or before any such court, in open 
court, intending to interrupt the proceedings or to impair the respect and 
authority of such courts, may be committed to the jail of the county in 
which said courts shall sit, for a time not exceeding twelve hours, by war- 
rant under the hand and seal of the president of such court. 

Civ. '12, § 577; 1905, XXIV, 792. 

(641) § 22. May Summon Witnesses. — Courts-martial and courts of 
inquiry shall issue subpoenas for all witnesses whose attendance at such 
court may, in their opinion, be necessary in behalf of the State, and also, 
on application, for all witnesses in behalf of any oiBcer charged or accused, 
or persons returned as delinquents, and may direct the commander of any 
company to cause such subpoena to be served on any witness by member of 
his company. Such court shall also have the power to administer the usual 
oath to witnesses, and to compel witnesses to appear and testify, by attach- 
ment, fine and imprisonment; and all Sheriffs, Jailers and Constables must 
execute any process issued by such courts for any of the aforesaid purposes. 

Civ. '12, § 578; 1905, XXIV, 792. 



258 CIVIL CODE OF SOUTH CAEOLINA 

ARTICLE X. 

Reserve Militia. 

(642) § 1. Reserve Militia in Time of War. — That whenever the South 
Carolina National Guard shall be called into the service of the United 
States duriug any war, thereupon and immediatelj^ thereafter the Gov- 
ernor of this State, as Commander in Chief of the armed forces thereof, be, 
and he is hereby, authorized and empowered to organize an armed land 
force, for the defense of the State during said war, which shall be known 
and designated as the South Carolina Reserve Militia, which force shall be 
available, at the discretion of the Governor, for active military duty when- 
ever an invasion of or an insurrection in the State shall occur or is threat- 
ened, or a tumvilt, riot or mob shall exist. 

1918, XXX, 8T4. 

(643) § 2. Organization.,— The South Carolina Reserve Militia shall con- 
sist of not to exceed two regiments of infantry. Each regiment shall con- 
sist of the necessary field and staff, commissioned and enlisted personnel, a 
sanitary detachment and of twelve lettered companies. Provision shall be 
made by detail for headquarters, supply and machine gun units. The 
band section of the headquarters company may be organized at the discre- 
tion of the Governor. The enlisted personnel of the South Carolina Reserve 
Militia shall at all times be maintained at a strength of at least sixty 
enlisted men for each lettered company. 

1918, XXX, 874. 

(644) § 3. Powers of Governor. — The Govei-nor shall have the power, 
and he is hereby authorized and empowered, to consolidate, disband, organ- 
ize, or reorganize any regiment, sanitary detachment or company, organized 
hereunder. He may make and promulgate such rules and regulations for 
the organization, regulation, government and discipline of the South Caro- 
lina Reserve Militia as he may deem necessary, which, when published in 
ordei-s, shall have the force and effect of statute law, with like effect as if 
the same has been herein specifically enacted in words at length. The 
Governor may relieve from duty any officer appointed hereunder, and he 
may, in his discretion, discharge any officer and enlisted man from the South 
Carolina Reserve Militia. 

1918, XXX, 874. 

(645) § 4. Commissions of Officers. — The Governor shall appoint and 
commission all officers of every grade necessary for the regulation, adminis- 
tration and discipline of the South Carolina Reserve Militia; and the term 
of every commission shall be in his discretion. 

1918, XXX, 874. 

(646) § 5. Location of Units. — The Governor shall determine the loca- 
tion of the several units, and may change the same at his discretion. 

1918, XXX, 874. 

(647) § 6. Oath of Officers. — Each commissioned officer before entering 
upon the duties of his appointment shall take and subscribe the following 



CIVIL CODE OF SOUTH CAROLINA 259 

oath: "I, , do solemnly swear that I will support and defend the 

Constitution of the United States, and the Constitution of the State of 
South Carolina against all enemies, foreign and domestic; that I will bear 
true faith and allegiance to the same ; that I will obey the orders of the 
Governor of the State of South Carolina ; that I make this obligation freely, 
without any mental reservation or purpose of evasion ; and that I will well 

and faithfully discharge the duties of the office of , in the South 

Carolina Reserve Militia, upon which I am about to enter." 
1918, XXX, 874. 

(648) § 7. Test of Officers. — The moral character, capacity and general 
fitness for service of any officer in the South Carolina Reserve Militia may, 
at any time, be determined by an EfBeiency Board, to be appointed by the 
Governor, and to consist of three commissioned officers, senior in rank, if 
possible, to the officer whose fitness for service shall be under investigation. 
If the finding of such Board be unfavorable to such officer, and be approved 
by the Governor, he shall be discharged. 

1918, XXX, 874. 

(649) § 8. Oath Administered by Officers — False Swearing Perjury. — 

Officers are authorized and empowered to administer oaths and affirmations 
in all matters pertaining to or concerning the South Carolina Reserve 
Militia. Anj^ person who shall falsely swear or affirm to any oath or affir- 
mation before any such officer shall be guilty of perjury, and upon trial and 
conviction thereof shall be sentenced for such offense as now provided by 
law for the crime of perjury. 

1918, XXX, 874. 

(650) § 9. Bonds of Certain Officers — Officers appointed or assigned as 
quartermasters, and as captains of companies shall, severally, give bond 
in the sum of two thousand dollars. The Adjutant General may require 
a bond, in such amount as he may deem proper, of any officer who may 
become responsible, either for public funds or public property, or both. 
The form of all bonds shall be prescribed and furnished by the Adjutant 
General. 

1918, XXX, 874. 

(651) § 10. Retired Officers of National Guard May Be Assigned to 
Duty. — The Governor may place on duty in the South Carolina Reserve 
Militia any officer upon the retired list of the South Carolina National 
Guard who is not over sixty-four years of age, and as of the grade in which 
he was retired, or with a lesser grade. 

1918, XXX. 874. 

(652) § 11. Oath of Enlisted Men,— Every man enlisting in the South 
Carolina Reserve Militia shall sign an enlistment contract, and take and 
subscribe to the following oath and enlistment: "I, , do hereby vol- 
untarily enlist in Co , Regiment, South Carolina Reserve Militia, 

and I do solemnly swear that I will bear true faith and allegiance to the 
United States and to the State of South Carolina, and that I will support 
the Constitution thereof ; that I will serve the State of South Carolina faith- 



260 CIVIL CODE OF SOUTH CAROLINA 

fully in its Reserve IGlitia for the term of one year, unless sooner dis- 
charged, or I cease to be a citizen thereof ; that I will obey the orders of the 
Commander in Chief and such officers as may be placed over me, and the 
laws governing the State troops of the State of South Carolina. ' ' 
1918, XXX, 874. 

(653) § 12. Discharges. — An enlisted man discharged from service in 
the South Carolina Reserve Militia shall receive a discharge, in writing, in 
such form and with such classification as may be prescribed by the Gov- 
ernor. 

1918, XXX, 874. 

(654) § 13. Duties of Adjutant General. — The Adjutant General of 
South Carolina shall be the Chief of Staff of the South Carolina Reserve 
Militia. He shall perform all duties in connection therewith, now pre- 
scribed by law in connection with the South Carolina National Guard, and 
shall perform such other duties as the Governor may direct. 

1918, XXX, 874. 

(655) § 14. Members Exempt From Arrest While on Duty. — No officer 
or enlisted man shall be arrested on any warrant, except for treason or 
felony, while going to, remaining at, or returning from a place where he is 
ordered to attend for military duty. 

1918, XXX, 874. 

(656) § 15. Pay on Active Duty.' — When the South Carolina Reserve 

Militia, or any part thereof, is ordered on active duty by the Governor, and 
pay is authorized for such duty under the order prescribing the perform- 
ance thereof, the commissioned officers, so ordered, shall be entitled to the 
same pay as officers of like grade in the Regular Army. Enlisted men, so 
ordered, shall be entitled to $1.50 per day. 
1918, XXX, 874. 

(657) § 16. Pay of Officers on Special Duty. — Officers ordered on special 
duty, in attendance upon courts-martial or efficiency boards, shall receive 
transportation in kind, and per diem pay as may be authorized in orders, 
payable by the Adjutant General in the usual manner. 

1918, XXX, 874. 

(658) § 17. Embezzlement of Funds, a Misdemeanor.- — Any commis- 
sioned officer or enlisted man of the South Carolina Reserve Militia who 
shall misapply, embezzle, or convert to his own use without authority, any 
moneys received by or entrusted to him for disbursement, shall be deemed 
guilty of a misdemeanor, and, on conviction thereof, shall be sentenced as 
for like offenses under the criminal laws of this State. 

1918, XXX, 874. 

(659) § 18. Powers of Officers on Active Service. — The commanding 
officer of any troops in active ser\'ice may place in arrest any officer or 
enlisted man who shall disobey the orders of his superior officer, or any per- 
son or persons who shall trespass on parade or camp grounds, or in any 
way or manner interrupt or molest the orderly discharge of duty of those 



CIVIL CODE OF SOUTH CAROLINA 261 

in active service. He may also prohibit and prevent the sale of spirituous 
or malt liquors within two miles of such parade ground or encampment. 
He may abate as a nuisance all hucksters, auction sales, or gambling. 
1918, XXX, 874. 

(660) § 19. Stores and Expenses. — Subsistence and quartermaster 
stores and the expense incident to active service, including transportation 
of troops, shall be contracted for, on direction of the Governor, by the 
Adjutant General, or any officer designated for that purpose, and shall be 
paid for in the usual manner. 

1918, XXX, 874. 

(661) § 20. Uniforms.— The South Carolina Reserve Militia shall be 
uniformed and equipped at the cost of the State, payable out of appropria- 
tions made for that purpose. The uniforms and equipment shall be such 
as ma.y be prescribed by the Governor. 

1918, XXX, 874. 

(662) § 21. Military Board — Compensation, Term and Duties — Regula- 
tions Regarding Allotment of Appropriation — Regulations as to Federal 
and State Property. — There shall be for the State a Military Board, con- 
sisting of the Governor, the Adjutant General and three commissioned 
officers of the Reserve Militia, who shall be appointed by the Governor, and 
hold office during his pleasure. It shall be the duty of the Military Board 
to apportion the annual appropriation for the maintenance of the Reserve 
Militia and to determine what organizations are entitled by law to share in 
said appropriation, and for what purpose. No organization shall partici- 
pate in the annual allotment of such appropriation for the maintenance of 
the Reserve Militia, unless the proper officers of such organization shall 
have rendered the required reports and returns for the preceding year, and 
unless the drill reports of such organization show that there was an average 
attendance of not less than sixty per cent, of its enlisted strength present 
at forty-eight drills a year, which are required. It shall be the duty of the 
Adjutant General to prepare a list of the Government property, Federal 
and State, that is short in each organization at its annual inspection. The 
cost of such property found short in each organization shall be deducted 
from the annual allotment made by the Military Board to that particular 
organization, and the amount so deducted shall be expended by the Adju- 
tant General in the purchase of new property of like kind and quantity. 
It .shall be the duty of the Adjutant General in such eases to order a Board 
of Inquiry to inquire into the responsibility of such losses, and whenever 
it shall appear from the findings of such Board of Inquiry that the losses 
are due to the fault or negligence of the responsible officer, it shall be the 
further duty of the Adjutant General to enter, or cause to be entered, a 
suit on the bond of such officer. The Adjutant General shall incorporate in 
his annual report a statement showing the property .shortage of each organ- 
ization, the amount paid to each organization for such property shortage, 
the disposition made of the funds so collected, and any further action that 
may have been taken by him with reference to fixing the responsibility 
therefor and recovering the property so found short, or its value. 

1918, XXX, 874. 



252 CIVIL CODE OF SOUTH CAROLINA 

(663) § 22. Uniforms of Officers. — Every commissioned officer shall 
furnish such portions of his own uniform and equipment as are required 
to differentiate his uniform from that of an enlisted man. 

1918, XXX, 874. 

(664) § 23. Purchase, Etc., of Stores, Etc., a Misdemeanor — Penalty.. — 

Any person knowingly and wilfully purchasing, or receiving in pawn or 
pledges, any arm, accouterment, equipment, article of military clothing, 
tent, or fly; or any quartermaster, medical, engineer, or signal property ;- 
or ordnance or ordnance stores, the propertj^ of the State of South Carolina, 
or of the United States in use by the State, shall be deemed guilty of a mis- 
demeanor, and, upon conviction in any court of criminal jurisdiction, shall 
be sentenced to an imprisonment of not exceeding one year and a fine of 
not exceeding three hundred dollars. 
1918, XXX, 874, 

(665) § 24. Courts-martial. — Courts-martial shall be of three kinds, 
namelj-, general, special and summary. They shall be constituted, and have 
cognizance of the same subjects and possess like power, except as to punish-, 
ments, as courts-martial provided for bj- an Act entitled "An Act to revise! 
the Military Code of South Carolina. ' ' approved March 1, 1917, with like 
force and effect as if each and every provision of the said Act relating to 
courts-martial and court-martial procedure, had been reenacted herein, in 
words at length — being all of the Sections of said Act from Section seventy- 
four to Section ninety, both inclusive. 

1918, XXX, 874. 

(667) § 1. Division of State Into Counties — Each County a Body Politic. 

this Article are hereby declared to be independent of each other : and in the 
event any Section or part of a Section hereof shall hereafter be declared 
unconstitutional, it is the intent and meaning hereof that such Section, or 
part of a Section, alone should be eliminated herefrom, without affecting 
any other portion of this Article. 
1918, XXX. 874. 



TITLE V. 

OF COUNTIES. 



CHAPTER XVII. 

Of Counties and Their Corporate Powers. 

(667) § 1. Division of State Into Countiefl— Each County a Body Politic. 

— The State of South Carolina is di^nded into forty-six judicial districts, 
called counties. Each county is a body politic and corporate, for the fol- 
lowing purposes : To sue and be sued ; to purchase and hold, for the use of 
the county, lands and personalty within the limits thereof; to make all 



CIVIL CODE OF SOUTH CAROLINA 263 

contracts, and to do all acts in relation to the property and concerns of the 
county necessary thereto. 

Civ. '12, § 687; Civ. '02, § 529; G. S. 403; K. S. 461; 1868, XIV, 134; 1882, XVII, 682; 
1912, XXVII, 807; 1916, XXIX, 717; 1919, XXXI, 5. 

May sue on official bond. Greenville Countv r. Runion, 9 S. C. 1; Chester v. Hemphill, 29 S. C. 
584. 8 S. E. 195; Aiken Countv v. Murrav, 35 S. C. 508, 14 S. E. 954. Suit on claim must be 
before Board of County Commissioners. Jennings v. Abbeville County, 24 S C. 543. When action 
ex delicto mav be sued in Court of Common Pleas. Acker v. Anderson County, 20 S. C. 495 ; Ten- 
nings V. Abbeville Countv, 24 S. C. 543; Chick v. Newberry County, 27 S. C 419, 3 S. E. 787; 
Laney v. Chesterfield County, 29 S. C. 140, 7 S. E. 56. How name pleaded Coxmty of Richland v. 
Miller, 16 S. C. 241. Judgment against Charle.ston County does not carry costs, under Funding Act 
of 1878. Holmes v. Countv of Charleston, 14 S. C. 146. Account audited does not bear interest, 
lb.; Wheeler v. County of 'Newberry, 18 S. C. 135. Contracts must be made by County Commis- 
sioners alone OstendorfE v. County Commissioners, 14 S. C. 407; Edmondston v. County of Aiken, 
14 S. C. 632: Jennings v. Abbeville Countv, 24 S. C. 543. No action against them without contract. 
OstendorfE v. County Commissioners, 14 S. C. 407. Remedy bv mandamus. Wheeler v. County of 
Newberry, _ 18 S. C. 135; Duke r. Countv of Williamsburg, 21 S. C. 416; Hunter v. Moblev, 26 
S. C 192, 1 S. E. 670. As to Countv bonds. State v. R. R., 13 S. C. 290; Duke v. County of 
Williamsburg, 21 S. C. 416; Lancaster i'. R. R., 28 S. C. 134, 22 Am. & Eng. Corp. Cas. 157. 5 S. 
E. 338. As to line fence. County Commissioners v. County Commissioners, 18 S. C. 598. There 
is no statute providing for the payment by a county in which a crime is committed of the cost and 
expenses of the trial therefor in another Countv to which the venue has been changed Kershaw 
County V. Richland County, 61 S. C. 75, 39 S. E. 263. 

In action on coupons against Countv of Pickens, holder made as sole defendants to his com- 
plaint certain persons "as County Commissioners" of said County. No ob.iection was taken to 
pleadings, nor any misnomer suggested. Verdict and judgment for plaintiff. Held, that neither 
Constitution nor statutes declare name by which County shall be sued, and that, although action 
should have been brought against Countv bv its corporate name, if misdescription objected to, there 
was no ground for reversing the judgment. Commissoners v. Banks, 97 U. S. 374, 24 L. Ed. 1060. 

(668) § 2. Abbeville County — Location and Boundaries. — Abbeville 
County is bounded as follows : On the southwest by the Savannah River, 
by which it is separated from Georgia; on the northwest by Anderson 
County, from which it is separated by a line (the old Indian boundary) 
drawn from a marked black gum, on the east bank of the Savannah River, 
at the foot of Grape Shoals (north 50° east), to a willow oak, marked "A. 
& P.," on the south side of Saluda River; on the northeast by Laurens 
County, from which it is separated by the Saluda River, and by Greenwood 
County ; and on the southeast bj^ McCormick County. 

Civ. '12, § 588; Civ. '02, § 530; G. S. 404; R. S. 462; IV, 661, § 1; VII, 199, § 2; 252, 
284; 1897, XXII, 605; 1898, XXII, 896; 1916, XXIX, 717. 
See boundaries of Greenwood County. Post, § (691). 

(669) § 3. Aiken County- — Location and Boundaries. — Aiken County is 
bounded as follows : On the northwest by Edgefield and Saluda Counties, 
from which it is divided by a straight line commencing at the mouth of 
Pox's Creek, where it empties into Savannah River, and running thence to 
where the south branch of Chinquepin Falls Creek (a tributary of the North 
Edisto River) intersects the Saluda and Lexington line; on the northeast 
by Lexington County, from which it is divided by said creek to where it 
empties into the North Fork of the Edisto River, and by the said North 
Fork to where the dividing line between Lexington and Orangeburg Coun- 
ties (running from Big Beaver Creek to the North Pork of the Edisto) 
touches said river ; on the southeast by Orangeburg and Barnwell Counties, 
from which it is divided by a straight line running by A. J. Weather.sbee 's 
old mill, thence the line established by J. Seth Mixon, Deputy Surveyor, to 
the Savannah River, at a point below the mouth of the Upper Three Runs 
Creek, said survey having been made under Act of Assembly, approved 
14th March, 1874 ; on the southwest by Georgia, from which it is separated 
by the Savannah River. 

Civ. '12, § 589; Civ. '02, § 531; IV, 661, 664; V, 478, 506; VI, 473; VII, 199, 248, 261, 
284; XIV, 69-5; XV, 649; 1896, XXII, 249. 



26-1 CIVIL CODE OF SOUTH CAROLINA 

(670) § 4. Allendale Oounty — Location and Boundaries — County Seat. 

— Allendale County is bounded as follows: Beginning at a point in the 
Savannah River on the South Carolina and Georgia boundary line opposite 
Steel Landing and running in a northerly direction to a stake at Steel 
Landing; thence a straight line north 43 degrees east about 6.12 miles to a 
stake at or near the intersection of the Barnwell-Robbins public road with 
a road leading to Millett ; thence south 73 degrees east about 5.23 miles to a 
stake at or near Stinson's Bridge on Lower Three Runs; thence .south 70 
degrees east about 5.50 miles at a stake at or near Goodson's Mill site ; thence 
east about 4.72 miles to a stake on Well Branch; thence down the run of 
Well Branch to the Barnwell-Bamberg County line ; thence down the Barn- 
well-Bamberg County line to its intersection with the Barnwell-Hampton 
County line; thence southwesterly along said Barnwell-Hampton County 
line to its intersection with the eastern edge of the right of way of the Sea- 
board Air Ijine Railway ; thence in a southerly direction along said eastern 
edge of the said railway right of way to a stake eight miles and 200 feet 
from the Hampton County Court House; thence in a westerly direction to 
the confluence of Beach Branch with the Coosawhatchie River; thence up 
the run of said Beach Branch to its intersection with the eastern edge of the 
right of way of the Southern Railway Company ; thence southerly along said 
eastern edge of said right of way 3.78 miles to a stake; thence south 491/2 
degrees west 1.68 miles to the junction of the Hudson Ferry Road and the 
Sisters Ferry Road ; thence southerly along the south side of the said Hud- 
son Ferry Road to a stake about one-half mile above Long Creek Bridge; 
thence in a straight line south 71 degrees west about 1.75 miles to a stake 
on the east side of the River Road about one-fourth mile north of Long 
Creek Bridge on said River Road ; thence in a straight line south 55 degrees 
west 10,104 feet to a stake between an ironwood tree and a small branch ; 
thence west 3,306 feet to a stake on the east side of Savannah River ; thence 
continuing west to a point in the Savannah River on the South Carolina- 
Georgia State line; thence northerly along said South Carolina-Georgia 
State line to the point of beginning. 
1919, XXXI, 5. 

(671) § 5. Anderson County — Location and Boundaries. — Anderson 
County is bounded as follows : On the northwest and north by Oconee and 
Pickens Counties, from which it is divided by a line commencing at the 
mouth of Cane Creek, on Tugaloo River, and running thence to the point 
where Eighteen Mile Creek is crossed by the road leading from Pendleton 
to Hagood's Store, thence to the mouth of George's Creek, on Saluda River; 
on the northeast and east by Greenville County, from which it is separated 
by the Saluda River ; on the southeast by Abbeville County, from which it 
is divided by a line drawn from a marked black gum on the east bank of 
the Savannah River, at the foot of Grape Shoals, to a willow oak, marked 
"A. and P.," on the south side of Saluda River; on the southwest by the 
State of Georgia, from which it is separated by the Savannah River. 

Civ. '12, § 590; Civ. '02, § 532; G. S. 406; R. S. 464; I, 196; VI, 39, 289, 341; VII, 261. 

(672) § 6. Bamberg County— Location and Boundaries.— Bamberg 

County is bounded as follows : Beginning at a point in the middle of the 



CIVIL CODE OF SOUTH CAROLINA 265 

stream of the Salkehatchie River, where George's Creek enters said river, 
and running due north up said stream by Rush's Mill to a gum tree one 
and one-fourth miles above Rush's Mill ; thence due north to a point in the 
middle of the stream of South Edisto River ; thence down the middle of the 
stream of said river to where it enters into the Edisto River ; thence down 
the middle of the latter river to the point where the same is intersected by 
the old district line, dividing the County of Barnwell from the County of 
Colleton ; thence along said dividing line to the corner of Colleton County ; 
thence S. 3 E. 31.50 chains to a stake on ditch; then S. 24.50 E. 4.50 chains 
to a stake by ditch ; thence S. 64.25 E. six chains to a stake on road ; thence S. 
17.50 E. 40 chains to a stake; thence S. 72 E. 62 links to a chain; thence S. 
8.5 W. 27.59 chains to a stake on road passing between the property of 
D. N. Linder and H. B. Linder; thence S. 1 W. 18.50 chains to a stake in 
edge of pond passing through property of H. B. Linder; thence following 
the run of the branch to a large gum marked XIII ; thence S. 82 E. 10 
chains to corner stake between James Barnes and Isham Padgett; thence 
S. 64 E. 24 chains to a stake marked XIII at Brancli\dlle-Lodge Road; 
thence S. 39.25 E. 14 chains to gum marked XIII at edge of small pond; 
thence S. 34 E. 17.60 to a corner in stream of Little Swamp ; thence follow- 
ing down the run of Little Swamp, following it in its devious courses across 
the Smoak-Bamberg Road and Mauldin Railroad to stake marked XIII in 
mid stream; thence S. 8214 W. 443.18 chains following old ditch line to 
stake marked XIII in mid stream of Little Salkehatchie River; thence up 
the same river, following in its devious courses across the Mauldin Rail- 
road and Lodge Dirt Road to gum in mid stream marked XIII ; thence with 
the meanderings of Little Salkehatchie River to a point on the Bamberg- 
Colleton line; thence with the old district line, hereinbefore mentioned, to 
the Big Salkehatchie River; thence in a northwesterly direction with the 
Big Salkehatchie to the beginning corner. 

Civ. '12, § 591; Civ. '02, § 533; 1897, XXII, 580; 1920, XXXI, 773. 

(673) § 7. Barnwell County — Location and Boundaries. — Barnwell 
County is bounded as follows : On the northwest by Aiken County, from 
which it is divided by a line beginning at the point upon the Savannah 
River, below the mouth of the Upper Three Runs Creek, as established by 
the survey of J. Seth Mixon, under Act approved March 14, 1874, and fol- 
lowing said line to A. J. Weathersbee's old mill ; then to South Edisto River, 
in the direction of the point on the North Edisto River (mouth of Cedar 
Branch), where the line between Orangeburg and Lexington Counties, 
drawn from Big Beaver Creek, touches said river; on the northeast by 
Orangeburg County, from which it is separated by the South Edisto River 
as far down as the northeast corner of Bamberg County ; on the east by 
the line separating it from Bamberg County ; and on the southeast by Allen- 
dale County ; and on the southwest by the State of Georgia, from which it is 
separated by the Savannah River. 

Civ. '12, § 592; Civ. '02, § 534; G. S. 407; R. S. 4fi5; IV, 664; VII, 199, 284; XIV, 695; 
XV, 649; 1897, XXII, 580; 1919, XXXI, 5. 

(674) § 8. Beaufort County)— Location and Boundaries. — ^Beaufort 
County is bounded as follows: On the northeast by Colleton County, from 



266 CIVIL CODE OF SOUTH CAROLINA 

which it is separated by St. Helena Sound, and by the Combahee and Salke- 
hatchie rivers ; on the north by the center of the track of the Savannah and 
Charleston Eailroad, separating it from Hampton County ; on the west and 
southwest by the County of Jasper and the State of Georgia, it being sepa- 
rated from the State of Georgia by the Savannah River, and is further 
bounded on the south and southeast by the Atlantic Ocean, including in 
the county all the islands along the coast from the mouth of the Savannah 
River to St. Helena Sound. 

Civ. '12, § 593; Civ. '02, § 535; G. S. 408; R. S. 466; VII, 199, 251, 484; 1878, XVI, 
375; 1912, XXVII, 827; 1916, XXIX, 754. 

(675) § 9. Berkeley County — Location and Boundaries. — Berkeley 

County is bounded as follows : Eastwardly, northeastwardly, and north by 
the Santee River, separating it from the Counties of Georgetown, Williams- 
burg and Clarendon; north by Orangeburg County; west and northwest- 
wardly by Dorchester County; south and southwestwardly by Charleston 
County and Dorchester County; and the said County of Berkeley shall 
inchide within its limits the whole of the subdivision formerly known as the 
Parishes of St. John, Berkeley, St. Stephen, St. Thomas and St. Dennis, 
and parts of the subdivisions formerly known as St. James, Goose Creek, St. 
James, Santee, and St. Andrews : Provided, That the county lines of Berke- 
ley County and of Orangeburg County are hereby so altered as to cut off 
from said Berkeley County and to transfer and annex to and incorporate 
within said Orangeburg County all of that certain territory or portion of 
Berkeley County embraced within the following lines and boundaries, to 
wit: Beginning at a point located on Four Holes Swamp at the intersection 
of the boundary lines of Orangeburg, Dorchester and Berkeley Counties, 
and extending in a southeasterly direction, along Four Holes Swamp, the 
same being the boundary between Dorchester and Berkeley Counties, to a 
large cypress which stands at the confluence of Four Holes and Dean 
Swamps, at the upper part of Turkey Lake ; thence up and along the run 
of Dean Swamp as it meanders to a point where Dean Swamp and Black 
Creek unite; thence up Black Creek to the point where Big Black Creek 
and Little Black Creek unite; thence up Little Black Creek to the point 
where the ' ' new road ' ' crosses said Little Black Creek ; thence northerly 
up the "new road" to the Monck's Corner Public Road, near Mark Rich- 
ardson 's place ; thence north ten chains to a pine ; thence north 14 degrees 
east, thirty-eight chains to a stake ; thence south 37 degrees 15 minutes east, 
forty-nine chains to stake; thence east 9.70 chains to a stake; thence north 
39.50 chains to a stake; thence north 87 degrees east, thirt.y-four chains and 
ten links; thence north fifty- four and one-half (541/2) chains to a stake; 
thence north 1 degree 30 minutes west, eighteen chains and sixty links to a 
stake; thence north 30 degrees west, thirty-one chains to a stake; thence 
north 8 degrees west, eleven chains to a cypress at the River Road and Rock 
Creek Bridge ; thence northeast along Rock Creek to where Rock Creek 
empties into the Santee River ; thence up the Santee River to the mouth of 
Eutaw Creek, where the Orangeburg and Berkeley lines connect ; thence 
southwest along the boundary line between Orangeburg and Berkeley 
Counties to the point of beginning, less the following territory transferred 
to Charleston County by Act of the General Assembly approved February 



CIVIL CODE OF SOUTH CAROLINA 267 ' 

28, 1921, to wit: Beginning at the intersection of tiie present line 
between Cliarleston County and Berkelej^ County, with the main line of 
the right of way of Atlantic Coast Line Railroad, and running thence 
Northwardly with the Western line of said right of way to its intersection 
with the run of Goose Creek ; thence with the run of Goose Creek in a 
Westerly direction to its intersection with the Eastern boundary of Elms 
Tract, now owned by Goose Creek Land Company ; thence Northwesterly 
along tlie Eastern boundary of said tract to its intersection with the 
Southern line of Ladson road ; thence Westwardly with the Southern line 
of said Ladson road to its intersection with the Eastern line of the Blue 
House road ; thence on a bearing South 5 degrees 20 miiiutes East to the 
Southeast corner of Dorchester County ; thence South and West along the 
line of said Dorchester County to its intersection with the Charleston 
County line at the mouth of Saw Pit Creek ; thence Eastwardly along the 
Charleston County line to the point of beginning. 

Civ. '12, § 59i; Civ. '02, § 536; G. S. 409; R. S. 467; 1893, XXI, 561; 1896, XXII, 309; 
1897, XXII, 595; 1921, XXXII, 184. • 

(676) § 10. Calhoun County — Location and Bioundaries. — Calhoun 

County is bounded as follows : Starts in Lexington County on the Congaree 
River at a point where the land line between lands of C. M. Cremaretie 
and Vandy Speers strikes said river and running the land line between said 
parties (Cremaretie is in and Spears out of Calhoun County) crossing the 
State Road on this same land line, continuing straight line 125 chains to a 
pine on the Pine Plain Road, thence south 211/2, west 16^2 chains to pine 
on same road. Thence south ten, west 71 chains to a stake on Nina Davis' 
land, then south 23, east on said line (Davis is out and Geiger in) crossing 
Savana Hunt Creek (Crawley out) at 45 chains to a pine, total distance 
103 chains, then south 11 west to a dead pine on Pine Plain Road, distance 
3 miles, south 2, east with road, 20 chains, same line 55 chains to Big Sandy 
Run near the south of Huckabass Mill, continuing to 1 mile, then south 
36% west 35 chains to a pine near Pine Plain Road, south 291/2 west said 
road line, 231/0 chains, dead pine, then south 33 west 58 chains to pine and 
stake on Rast land, then south 91/0 west 11 chains pine. South 1, east 
straight line to Mrs. R. L. Baker's land line, then the said line to a corner 
near Camp Ground Road, then a straight line to Orangeburg Road near 
Porterfield Mill, then a direct line to the head of Branham Branch, said 
branch the line to Beaver Creek, then Orangeburg and Lexington line, 
southwest to the corner of Caw Caw and Elizabeth Townships, said line 
southwest to the Joe Amaker old mill on Lime Stone Creek, then north 
45 east to Little Lime Stone, then same creek the line north to Poplar on 
Robertson Plantation Road, then south, 76° east to the Kennerly Road, 
crossing the Kennerly Road one-half mine south of Moody Godwin's house, 
continuing the same line crossing the Columbia Road nine miles north of 
Orangeburg, continuing to the Southern Railway crossing Si/o miles north- 
east of Orangeburg Court House, continuing from said point on Southern 
Railway 8i/o miles northeast of Orangeburg Court House to a point on Four 
Hole Creek marked and designated by an Ash Tree X and witnessed by 
Maple and Gum trees, said line having the following course: S. 49° 00' E. 
and being about 47,550 feet, thence the creek the line to the land of Jacob 



•268 CIVIL CODE OP SOUTH CAROLINA 

Riley, the said land line out to State Road near Fred. Dantzler's, 
down said road to the land corner of Fred. Dantzler's, then the Dantzler 
land line to point on Haigler land line, Haigler's land line, the line to public 
road. Oak X 3 N. near David Smith's residence, said road the line to a 
branch southwest of T. V. Bair's residence, then up said branch 40 chains to 
stake X 3 N., then northeast across A. C. L. R. R. to stake 66 feet from center 
of track, then up the said right of way north 571/2 west 120 chains to stake 
on the Orangeburg Road 66 feet from center of A. C. L. R. R. track, Orange- 
burg Road the line to the Monck's Corner Road, then north 73 east passing 
at the north edge of the old Santee Graveyard, continuing to a stake X 3 
N., north of C. W. Shumaker's residence, then south 67 east to a stake by 
road of Capt. George D. Rast's estate land, then north 79° and 45' east to 
an oak on the road near Trinity Graveyard, then north 69 east to a stake on 
Two Chop Road by Neighborhood Road, intersecting on J. A. Johnson's 
land, then south Two Chop Road the line to little Poplar Creek, distance 
37 chains, then down the said creek the line to McCord's Ferry Road, said 
road the line south 45 degrees east 209 chains to Hydrick's old mill on Big 
Poplar Creek, said creek the line to Santee River, up the Santee River to 
the Congaree River, up the Congaree River to commencement point. 
Civ. '12, § 595; 1908, XXV, 1279. 

(677) § 11. Charleston County — Location and Boundaries. — Charleston 
County is bounded as follows : By a line beginning at the mouth of the 
South Edisto River where it empties into the Atlantic Ocean, and following 
up said river to the Dawho River; thence by the Dawho River to its inter- 
section with the North Edisto River; thence by the "Wadmalaw River and 
New Cut to Stono River; and thence up Stono River to Rantowle's Creek; 
thence up Rantowle's Creek to its intersection with the Colleton County 
line ; thence along said line to the eastern bank of Ashley River ; thence down 
said river to the line of Colleton County, on said bank ; thence eastward by 
a direct line to the mouth of Goose Creek on the western bank of Cooper 
River; thence southwardly along the western bank of Cooper River to the 
Parish of St. Philip's; thence down the Cooper River to the mouth of 
Guerin's Creek to Guerin's Bridge; thence by way of the Halfway Creek 
Wando River ; thence up said Wando River to Guerin 's Creek ; thence up 
Road across Halfway Creek to Thompson Road and through Thompson 
Road to the center of Wambo Swamp ; thence through the center of said 
Swamp to the head of Wambo Creek, and through said creek to the South 
Santee River ; thence down the South Santee River to the ocean to the line 
of the jurisdiction of the State; thence southwardly along the line of the 
jurisdiction of the State to a point opposite the mouth of South Edisto 
River; thence in a straight line to the beginning at the mouth of South 
Edisto River, and in addition thereto the following territory transferred 
from Berkeley County by Act of the General Assembly, approved Febru- 
ary 28th, 1921, to wit: Beginning at the intersection of the present line 
between Charleston County and Berkeley County with the western line 
of the right of way of Atlantic Coast Line Railroad, and running thence 
northwardl}' with the western line of said right of way to its intersection 
with the run of Goose Creek, thence with the run of Goose Creek in a 
westerly direction to its intersection with the eastern boundary of Elms 



CIVIL CODE OF SOUTH CAROLINA 269 

Tract, now owned by Goose Creek Land Company; thence northwardly 
along the eastern boundary of said tract to its intersection with the 
southern line of the Ladson Road ; thence westwardly with the southern 
line of said Ladson Road to its intersection with the eastern line of the 
Blue House Road; thence on a bearing south five (5) degrees twenty (20) 
minutes east to the southeast corner of Dorchester County ; thence south 
and west along the line of said Dorchester County to its intersection with 
the Charleston County line at the mouth of Saw Pit Creek ; thence East- 
wardly along the Charleston County line to the point of beginning. 

Civ. '12, § 596; Civ. '02 § 537; G. S. 410; R. S. 468; 1893, XXI, 561; 1896, XXII, 310; 
1921, XXXII, 184. 

(678) § 12. Cherokee County — Location and Boundaries. — Cherokee 
County is bounded as follows: Beginning at the mouth of Brown's Branch 
and running up branch 76.60 chains to near where G. W. Webster now lives, 
placing him in new county; thence S. 75, W. 66.23, to rock N. E. corner lot 
of Pacolet Manufacturing Company, at Brown's old mill; thence N. 63, W. 
15.70, with line of said company's lot to rock; thence S. 45, N. 5.73, to 
maple ; thence same course 87 links to Pacolet River ; thence with said river 
up stream 7.36 to stake on Pacolet; thence N. 16 W., leaving H. L. C. 
Murphy in old county, .... Hammett in new county, .... Hammett School 
House near cross roads in old county. Miss Mary Brown in new county, 
509.80 chains to stake one mile east of town of Cowpens; thence N. 24, 
W. 64 chains to line of Limestone Township ; thence west with Inmestone 
Township 80 chains to southwest corner of said township ; thence N. 116.80 
chains with line of Limestone Township to marked line running N. 24 W. ; 
thence N. 24 W., leaving Joel Petty and Cleveland Gossett in old county, 
passing through house of J. 6. Powell, leaving Andy Norton in Spartan- 
burg County, also house of Mrs Price, placing .... Cash's house. 

Pate Martin in new county, passing through the store room of Finch Mar- 
tin, but leaving his dwelling house in old county, leaving John Walker and 
Mrs. Cudd in Spartanburg County, 785.65 chains to stake on North Caro- 
lina line ; thence with said line crossing Broad River, and continuing to 
corner of Clherokee Township, in York County; thence south with east 
boundary of said township to stake ; thence west to corner of said township 
on King's Creek; thence down Iving's Creek to middle of Broad River; 
thence down Broad River to center of river opposite Pacolet River ; thence 
up Pacolet River to opposite Brown's Branch, beginning point, and in 
addition thereto the following territory transferred from York County by 
Act of the General Assembly, approved 11th day of February, 1921, to 
wit: Beginning at a stake in road in State line on top of Mountain at 
burned grocery, and running thence S. 43 1-2 W. 224 chains to a large pine 
at Northeast end of Brown Mountain ; thence with the Cherokee County 
line N. 2 1-2 W. 152 chains to B. 0., E. A. Patterson's corner in State line ; 
thence S. 86 E. 165 chains with State line to the beginning corner, con- 
taining two square miles. 

Civ. '12, § 597; Civ. '02, § 538; 1897, XXII, 588; 1921, XXXII, 2. 

Under the Act creating this County, the Courts of the Counties formerly embracing this territory 
lost jurisdiction over persons residing in the new County. Riddle v. Reese, 53 S C. 19S, 31 S. E. 



2711 CIVIL CODE OP SOUTH CAROLINA 

(679) § 13. Chester County; — Location and Boundaries.^ — Chester 
County is bounded as follows : On the north by a line beginning at a hick- 
ory tree, on the southwest side of the Catawba River, about ten chains above 
the mouth of Ferrill's Creek, and running (nearly south 80° west) by an 
old line, called and known by the name of the Line of the New Acqiiisition, 
to an ash and black gum, on the bank of Road River, on Robert Elliott's 
lands ; thence down Broad River to the mouth of Sandy River ; thence in a 
direct line to the mouth of Rock Creek, on the Catawba River ; thence up 
to the Catawba River, to the place of beginning. 

Civ. '12, § ,598; Civ. '02, § 539; G. S. 411; R. S. 469; IV, 662; V, 317; VII, 284. 

(680) § 14. Chesterfield County — Location and Boundaries. — Chester- 
field County is bounded as follows: On the north by the North Carolina 
line ; on the east by Marlboro County, from which it is separated by Great 
Pee Dee River ; on the south by Darlington County, from which it is divided 
by Cedar Creek, commencing at its mouth, where it enters into the Great 
Pee Dee, and up said creek to the head of the southernmost branch, and 
thence by a direct line (south 51° 45' west) to the fork of Lynch 's River; 
on the soutJiwest by Kershaw and Lancaster Counties, from which it is 
separated by Lynch 's River. 

Civ. '12, § 599; Civ. '02, § 540; G. S. 412; R. S. 470; IV, 662; VII, 199, 261, 284; 
XII, 785. 

(681) § 15. Clarendon County — Location and Boundaries. — Clarendon 
County is bounded as follows: On the north and northwest by Sumter 
County, from which it is separated by the following lines: Beginning at a 
corner on the east side of Santee River and running thence north 76° E. 654 
chains to a forked pine corner; thence S. 82° E. 104 chains to a pine cor- 
ner; thence N. 76° 520 cliains to a post on the Vance's Ferry Road; thence 
N. 77° E. 368 chains and 50 links to a corner on Pocotaligo River ; thence 
N. 34° E. 134 chains and 50 links to a corner; thence N. 55° E. 650 chains 
and 50 links to a corner in Black River; thence N. 86.5° E. 63 chains to a 
post on the Salem Road; thence N. 52° E. 200 chains to a black gum cor- 
ner; thence N. 55° E. 401 chains to a pine corner; thence N. 58.5° E. 135 
chains to the eastern side of Dyall's Bay; thence N. 55° E. 15 chains to 
Mill Bay; thence N. 57.5° E. 94 cliains to two sweet gums; thence N. 55° 
E. 46 chains and 80 links to Wood's Mill; thence by a sti-aight southerly 
line to Hudson's Mill; thence following the Centennial Road in an easterly 
direction until it intersects the old dividing line between Clarendon and 
Williamsburg Counties, said line being the old district line; thence S. 63° 
and 15' W. 98.19 chains to a point on the Cade Road ; thence S. 80° and 
35' W. 49.15 chains to the Lynchburg Road; thence S. 46° W. 330.30 chains 
to a stake; thence S. 19° and 17' E. 159.85 chains to a stake; thence S. 19° 
and 2' B. 110.37 chains to a cypress on Black River; thence 19° 2' E. 110.37 
chains to a cj'press on Black River, where said river intersects the old dis- 
trict line hereinbefore mentioned ; thence with the old district line in a 
southwesterly direction until it intersects the Santee River three-fourths of 
a mile below Gaillard's Island; and on the south and southwest by Santee 
River, which separates it from Berkeley, Orangeburg and Calhoun Coun- 
ties, less the following territorj^ transferred to Sumter County by Act of 



CIVIL CODE OF SOUTH CAROLINA 271 

the General Assembly, approved the 7th clay of March, 1921, to wit : Com- 
mencing at a point on the Sumter County line, and running thence South 
1.42 miles to an oak at the intersection of the public road leading from 
Paxville to Pinewood -with the road leading from Paxville to Broadway 
siding; thence S. 9 degrees 30 minutes E. 1.52 miles to the centre of Curtis 
Mill dam ; thence S. 1 degree 20 minutes E. 2.36 miles to the intersection 
of the run of Hungryhall Branch, with the run of DeSchamps Branch ; 
thence with the run of DeSchamps Branch to the intersection of said run 
with the public road leading from Panola to Calvary Church ; thnce 78 
degrees 2.93 miles to intersection with the line of School District No. 1 ; 
thence S. 2 degrees 30 minutes W. 2.49 miles to intersection with the 
boundary between Big Horn Hickory Elmwood plantation, or the inter- 
section with a projection of said boundary line ; then S. 39 degrees 4,000 
feet ; then N. 47 degrees W. 817 feet ; then in a Southwesterly direction to 
Santee River ; then in a Northwesterly direction with the Santee River to 
a point where the same intersects the Sumter County line ; then Bast- 
wardly along the Sumter County line to the beginning point, containing 
93.50 square miles. 

Civ. '12, § 600; Civ. '02, § 541; G. S. 413; R. S. 471; IV, 662; VII, 199, 261; XII, 416, 
611, § 1; 1888, XX, 168; 1889, XX, .507, .517; 1914, XXVIII, 612; 1921, XXXII, 283. 

(682) § 16. Colleton County — Location and Boundaries. — Colleton 
County is bounded as follows: On the northeast by Dorchester County, 
from which it is separated by the Bdisto River down to Parker's Ferry, 
and by the public road running from said ferry to a public landing, known 
as Lowden's Landing, on Rantowle's Creek; on the east by Charleston 
County ; on the southeast by Hampton County, from which it is separated 
by the Salkehatchie River and by Beaufort County, from which it is sepa- 
rated by the Salkehatchie and Combahee Rivers and St. Helena Sound ; on 
the northwest by Bamberg and Orangeburg Counties. 

Civ. '12, § 601; Civ. '02, g 542; G. S. 414; R. S. 472; VII, 109, 284; 1897, XXII, .580, 
595; 1919, XXXI, 95; 1920, XXXI, 773. 

(683) § 17. Darlington County — Location and Boundaries. — Darlington 
County is bounded as follows: On the southwest by Lynch 's River and Lee 
County, beginning at the mouth of Little Lynch 's River; thence down 
Lynch 's River a distance of 3 miles near Kelley's Bridge i/i of a mile 
south of said bridge ; thence north 42 degrees east a distance of 3 miles to 
Ashland Methodist Church; thence north 22 degrees east crossing the 
Chesterfield Road between J. E. Woodham and J. W. Gardner 2 62-100 of 
a mile to Stuckey's gate on the Old State Road; thence down said road % 
of a mile ; thence due south 2 62-100 of a mile to Liberty Hill Church, at 
the head of Sparrow Swamp ; thence down Sparrow Swamp to a point in 
the Marco Mill Pond near B. A. Howls; thence in Cypress Township 
south 28 degrees east 11/2 miles to Long Branch; thence up said branch 
14 of a mile ; thence south 28 degrees east li/s miles to Screeches Branch ; 
thence due south 3 miles to the Lamar Township line ; thence following 
said line to Lynch 's River; thence down said river to Sander's Bridge; 
thence by an air line running to the point where the Cheraw and Darling- 
ton Railroad crosses High Hill Creek ; thence down High Hill Creek to its 
confluence with Black Creek; thence up Black Creek to Muse's Bridge; 
thence following the direction of a straight line running from Muse's 



272 CIVIL CODE OF SOUTH CAROLINA 

Bridge to Cashua Ferry until Back Swamp is reached ; thence down Back 
Swamp to Herring Creek ; thence down said creek to its confluence with the 
Great Pee Dee River ; thence up the Great Pee Dee to the mouth of Cedar 
Creek ; thence up Cedar Creek and its soutliernmost branch to the head of 
the said branch, and thence by direct line (south 51° 45' west) to the place 
of beginning. 

Civ. '12, § 602; Civ. '02, § 543; G. S. 415; R. S. 473; IV, 662; VII, 199, 261, 284; XII, 
789; 1888, XX, 168; 1889, XX, 507, 517. 

(684) § 18. Dillon County — Location and Boundaries. — Dillon County 
is bounded as follows : Beginning at the mouth of Mill Creek, where it 
empties into Big Pee Dee River, and in middle of said river at said point; 
thence up the run of said creek to the bridge on the river road to a stake X 
111 N. ; thence N. 75 degrees 56 minutes E. 4,395 feet to a stake X III N., 
at the intersection of Gum Swamp and Cud Swamp ; thence up the run of 
Cud Swamp to the public road leading from L. D. Haselden's to Sellers, to 
a stake near bridge; thence N. 82 degrees 47 minutes E. 3,061 feet along 
said road to the town limits of Sellers to a stake; thence N. 10 degrees 26 
minutes W. 3,496.5 feet to a stake X ; thence N. 87 degrees 43 minutes E. 
2,100 feet to a stake X ; thence N. 53 degrees 22 minutes E. 1,335 feet to a 
stake X ; thence S. 56 degrees 32 minutes E. 1,107 feet to a stake X ; thence 
N. 82 degrees 30 minutes E. 11,801 feet to a stake; thence N. 69 degrees 40 
minutes E. 5,678 feet to an iron stake west side of the Marion and Latta 
public road near David Watson's; thence N. 88 degrees 30 minutes E. 2,305 
feet to an iron stake on the public highway leading from Latta towards 
Marion, S. C, on the old Bryant place, the said roads being the ones hereto- 
fore referred to in the original petition setting forth the boundary lines of 
the proposed new county; thence S. 89 degrees 10 minutes E. 6,940 feet to 
a stake X ; thence S. 68 degrees 72 minutes- E. 4,920 feet to a stake X ; thence 
S. 60 degrees 10 minutes E. 20,545 feet to a stake X, at east side of railroad ; 
thence N. 51 degrees 37 minutes E. 4,242 feet to its intersection with Buck 
Swamp ; thence down the run of Buck Swamp with its various courses and 
distances to its junction with Little Pee Dee River; thence a straight line 
N. 48 degrees 40 minutes E. 17,300 feet to a stake X 111 N. ; thence a 
straight line S. 44 degrees 48 minutes E. 18,924 feet to a cypress tree X 3 N. 
at the junction of Ash Pole Swamp and Lumber River; thence Ijumber 
River the line to the North and South Carolina State line ; thence the North 
and South Carolina State line the line to the point where it intersects the 
line between Marion and Marlboro Counties ; thence the line between Marion 
and Marlboro Counties the line to the median line of the Great Pee Dee 
River ; thence down the median line of said river to the beginning corner. 

Civ. '12, § 603; 1909, XXVI, 863. 

(685) § 19. Dorchester County — Location and Boundaries. — Dorchester 
County is composed of all that territory formerly a portion of Colleton 
County comprised in the Townships of George, Koger, Carn, Burns, Giv- 
hans, Dorchester and that part of Collins Township in said County of 
Colleton lying north of the public road leading from Parker's Ferry, upon 
the Edisto River, to a public landing known as Lowndes Landing, upon 
Rantowles Creek, and all that portion formerly of Berkeley County included 



CIVIL CODE OF SOUTH CAROLINA 273 

within the following lines, to wit : From the intersection of the county line 
between Colleton and Berkeley Counties with the run of Four Holes Creek 
a straight line to a point upon Saw Mill Branch one mile northeast of the 
South Carolina and Georgia Railroad ; thence along said branch to the 
Colleton County line, and thence back to the starting point along the line 
of division between Colleton and Berkeley Counties. And is bounded north- 
east by Berkeley County, from which it is separated by the Four Holes 
Swamp from the intersection of said swamp with the old district line 
(drawn from Nelson's Ferry, on the Santee River, to Matthews' Bluff, on 
Savannah River) to the intersection of the run of said swamp with the old 
county line between Colleton and Berkeley Counties; and by a straight 
line running thence to a point upon Saw Mill Branch one mile northeast 
of the South Carolina and Georgia Railroad, and thence along said branch 
to the old division line between Colleton and Berkeley Counties ; and thence 
by said old division line to the point where said line intersects the division 
line between Charleston and Berkeley Counties ; on the southeast by Charles- 
ton County, from which it is separated by the old division line between 
Charleston and Colleton Counties to Lowndes' Landing, on Rantowles 
Creek ; south and southwest by Colleton County, from which it is separated 
by the public road leading from Lowndes ' Landing, on Rantowles Creek, to 
Parker's Fei'ry, on Bdisto River; and thence by the said river to the inter- 
section of said river with the old district line down from Nelson's Ferry, 
on Matthews' Bluff; and on the northwest by Orangeburg County, from 
which it is separated by said last mentioned district line. 

Civ. '12, § 604; Civ. '02, § S44; 1897, XXII, 595. 

(686) § 20, Edgefield County — Location and Boundaries. — Edgefield 
County is bounded as follows : On the north and northwest by Greenwood 
and Saluda Counties ; on the southeast by Aiken County ; on the south and 
southwest by the Savannah River, which separates it from Georgia and 
McCormick County, which latter coiinty is separated from Edgefield 
Countj^ by a line beginning on the Greenwood-Edgefield County line more 
particularly described in the boundaries of McCormick County, and run- 
ning in a westerly direction to a stake about one-fourth of a mile west of 
the old White place ; thence in a straight line S. 13 E. 10,978 feet to a stake 
thence S. 77 W. 3,750 feet to a stake; thence S. 13 B. 8,522 feet to a pine 
thence S. 35° 45' E. 20,400 feet to Cochran's Bridge, on Turkey Creek 
thence S. 26° 30' B. 1,680 feet to a point where a branch crosses a public 
road; thence S. 59° 30' W. 27,908 feet to the run of Big Stevens' Creek; 
thence down the run of Big Stevens' Creek to a stake; thence S. 50 W. 
22,828 feet to the South Carolina-Georgia line in the Savannah River, and 
in addition the following territory transferred from McCormick County 
by Act of the General Assembly, approved 9th of F'ebruary, 1921, to wit : 
Beginning on the McCormick and Edgefield County line at Moultrie's 
Mill Branch on Turkey Creek ; thence down the run of Turkey Creek to 
its intersection with Stephen's Creek; thence down the run of Stephen's 
Creek to the Edgefield and McCormick County line ; thence to Edgefield 
and McCormick County line N. 59 degrees 45 minutes E. 27,908 feet to a 
corner at the intersection of a public road with a branch of Beaver Creek ; 
thence with the Edgefield and McCormick County line N. 26 degrees 15 



274 CIVIL CODE OF SOUTH CAROLINA 

minutes W. 16,800 feet to the beginning, less the following territory 
transferred to McCormick County by Act of the General Assembly, ap- 
proved 11th of February, 1921, to wit : All of that certain territory or 
portion of Edgefield County embraced within the following lines and 
boundaries, to wit: Beginning at a cottonwood tree on the West bank of 
Stephen's Creek; thence to Edgefield and McCormick County line of 
South Carolina and Georgia State line of tlie Savannah River ; thence the 
South Carolina and Georgia State line on the Savannah River to old 
Furry 's Ferry; thence a straiglit line N. 24 degrees E. to a stake X 3 N, 
on the West bank of Stephen's Creek to the beginning point. 

Civ. '12, § 605; Civ. '02, § 545; G. S. 416; R. S. 474; IV, 6()1; VI, 463; VII, 196; XIV, 
695; XXII, 248, 604, 896; 1916, XXIX, 717; 1921, XXXII, 6, 34. 

For division line from Greenwood and Saluda see boundaries of those Counties in § § (691) and 

(708). 

(687) § 21. Fairfield County — Location and Boundaries, — Fairfield 
County is bounded as follows: On the north by Chester County, from 
which it is divided by a line from the mouth of Rocky Creek, on the 
Catawba River, to the mouth of Sandy River, on Broad River ; on the west 
and soutliwest by Broad River, by which it is separated from the Counties 
of Union, Newberry and Lexington; on the south by Richland County, from 
which it is separated by Little River from its mouth up to a point about 
one-half mile above the plantation of Mr. Shaffer (one mile above the 
mouth of Shaffer's Creek), and the line running from thence in a direct 
course to new corner on the Fairfield-Richland line, where it crosses the 
median line of Cedar Creek; thence up the median line of Cedar Creek, 
with its vai'ious sources, to Simmons' Creek; thence up the median line of 
Simmons' Creek to a point marked X 3 N. on the bank of Simmons' Fork, 
on Cedar Creek; thence N. 72° 10' B. 23,800 feet to a stake on the Ridge- 
way-Blythewood Road; thence N. 82° 20' E. 41,338 feet to a stake on the 
dividing line between Fairfield and Kershaw Counties; on the east by the 
Counties of Kershaw and Lancaster, from which it is separated by a line 
drawn from the last named point in a northeasterly direction to Wateree 
River, where Cornell 's Creek enters it ; thence by the Wateree and Catawba 
Rivers as high as the mouth of Rocky Creek. 

Civ. '12, § 606; Civ. '02, § 546; G. S. 417; R. S. 475; IV, 662; V, 317; VII, 199, 284; 
1913, XXVIII. 117. 

(688) § 22. Florence County — Location and Boundaries. — Florence 
County is bounded as follows: By a line beginning' at Sanders' Bridge, on 
Lynch 's River, running in an air line to a point where the Cheraw and 
Darlington Railroad crosses High Hill Creek ; thence down High Hill Creek 
to its confluence with Black Creek ; thence up Black Creek to Muse 's Bridge ; 
thence following the direction of a straight line running from Muse's 
Bridge to Cashua's Ferrj^ to Black Swamp; thence down Black Swamp to 
Herring Creek; thence down said creek to its confluence with the Great 
Pee Dee River ; thence following the Great Pee Dee River down to its inter- 
section with Lynch 's River ; thence following said river up to a point and 
above Anderson 's Bridge ; thence in a straight line westward to the Wil- 
liamsburg and Clarendon County line, so as to embrace twenty-eight square 
miles of the territory of Williamsburg County ; thence following said Clar- 
endon and Williamsburg County line in a southwesterlv direction to its 



CIVIL CODE OF SOUTH CAROLINA 275 

intersection with what is known as the Centennial Road ; thence following 
said Centennial Road in a westerly direction to Hudson's Mill; thence 
running in a northerly direction to a point on the Clarendon and Sumter 
County line at Wood 's Mill ; thence following the Clarendon and Sumter 
County line in a northeast direction to Lynch 's River; thence following 
said River up to Sanders' Bridge, the beginning corner. Florence County 
also embraces the following described sections, cut off from Williamsburg 
County and incorporated within the County of Florence, as follows, to wit : 
All that portion of Lee and Lake Townships as appears from plat made by 
E. J. Smith, Surveyor, dated 28th November, 1903, beginning at a point one 
mile south of Anderson's Bridge, on Lynch 's River, and then running in 
a westerly direction through portions of Lee and Lake Townships, in the 
said County of Williamsburg, to the line separating the County of Wil- 
liamsburg from Mott's Township, in the County of Florence, and also that 
portion of Williamsburg County annexed to Florence County pursuant to 
an Act of the General Assembly of South Carolina, approved the 16th day 
of February, 1912, and appearing as Act No. 456, at page 817 of the Acts 
of 1912, Vol. XXVII of the Statutes at Large, and described as follows : 
Commencing at a point where the center of Lynch 's Lake Swamp inter- 
sects the present Florence County line and following said Florence Countj^ 
line N. 16° 45' E. 26,000 feet to Cathold Landing, and following in an 
easterly direction the run of the branch crossing Lj^nch's River, and down 
the middle of said run to the point where the middle of Lynch 's Lake 
Swamp intersects the middle of the run of Lynch 's River; and thence up 
said middle of Lynch 's Lake Swamp to point of beginning, as i^er map 
made by R. M. Cantey and Joseph Palmer, Surveyors, in February, 1911, 
and filed in the office of the Clerk of Court for Florence County, and in 
addition the following territory transferred from Williamsburg County 
by Act of the General Assembly, approved March 4th, 1921, to wit : Be- 
ginning at a ijoint in the road leading to Lee's Gross Roads, where the 
same crosses Lynch 's Creek, and running S. 12 degrees 30 minutes W. 
1,943 feet ; thence S. 8 degrees 10 minutes W. 526 feet ; thence S. 14 de- 
grees 30 minutes E. 1,119 feet; thence S. 25 degrees 20 minutes E. 730 
feet; thence S. 72 degrees 20 minutes E. 43,610 feet to a stake at the road 
leading from Indian Town to Kingstree ; thence N. 26 degrees E. 316 
feet; thence along the Kingstree road N. 71 degrees 35 minutes E. 10,094 
feet; tlience 504 feet along said road to the intersection of Owen's 
Swamp ; thence 527 feet along said road ; thence 806 feet along said road ; 
thence Northeast 711 feet ; thence Northeast 559 feet ; thence B. 506 feet ; 
thence Southeast 1,225 feet to a point in the centre of said road ; thence 
Northeast 3,380 feet along centre of said road ; thence 2,315 feet to where 
it intersects Flanagan 's Creek ; thence along Muddy Creek to the inter- 
section of Clark's Creek ; thence along Clark's Creek to the intersection of 
Pee Dee River; thence along Pee Dee River to the mouth of Lynch 's 
River; thence along Lynch 's to the mouth of Lynch 's Lake; thence along 
Lynch 's Lake to the beginning point, containing 45.3 square miles. 

Civ. '12, § 607; Civ. '02, § 547; R. S. 476; 1888, XX, 168; 1889, XX, 507, 517; 1904, 
XXIV, 447; 1912, XXVI, 817; 1921, XXXII, 212. 



276 CIVIL CODE OF SOUTH CAROLINA 

(689) § 23. Georgetown County^ — Location and Boundaries. — George- 
town County is boiuicled as follows : On the north and northeast by Marion 
and Horry Counties, from which it is separated as follows : From Marion 
County by the Great Pee Dee River, from Britton's Ferry to its junction 
with the Little Pee Dee River; from Horry County by the Great Pee Dee 
River, from its junction with the Little Pee Dee to its junction with Bull 
Creek ; and thence by said creek to Waecamaw River ; and thence by said 
river dow'u to a point aboiat half a mile below Prince 's Creek ; and thence 
by a line runnig- (north 86y2° east) five miles and sixty-seven chains, to a 
cedar post on the seashore, planted at low watermark ; on the southeast by 
the Atlantic Ocean, including all the islands between the last mentioned 
cedar post and the mouth of South Santee River; on the south and south- 
west by the Counties of Charleston and Berkeley, from which it is sepa- 
rated by the South Santee and Santee Rivers as far up as Leneud's Ferry; 
on the west and northwest by Williamsburg County, from which it is 
divided by the main road leading from Leneud 's Ferry, on the Santee River, 
across Potato Ferry (on Black River), to Britton's' Ferry, on the Great 
Pee Dee. 

Civ. '12, g 608; Civ. '02, § 5-18; G. S. -HS; R. S. 477; IV, 662; V, 407, 478; VII, 199, § 2. 

(690) § 24. Geenville County — Location and Boundaries. — Greenville 
County is bounded as follows : On the north bj- the North Carolina line ; on 
the east and southeast by Spartanburg and Laurens Counties, from which 
it is divided as folloAvs : From Spartanburg County, by a line commencing 
on the North Carolina line, at a stone marked "S. C," on the east side of 
Blackstock Road, near the Tryon Mountain, and running (south 2° east) 
twenty-two miles and sixty-four chains, or until it intersects the Enoree 
River at Abner's Mill; thence down the Enoree River to a point about one 
mile and three-quarters below Anderson's Bridge (the corner of Greenville 
and Laurens Counties) ;,from Laurens County, by a line commencing at said 
point (opposite Zadoek's Ford), and running (south 17° west) eleven miles 
and sixty chains, to a point; thence (south 4° east) three miles and forty- 
five chains, to a water oak, marked "L. G.," on Reedy River; thence run- 
ning to the mouth of Line Creek, where it enters the Saluda River ; on the 
west by Anderson and Pickens Counties, from which it is separated by the 
Saluda River. 

Civ. '12, § 609; Civ. "02, § 549; G. S. 419; R. S. 478; VII, 245, 284. 

(691) § 25. Greenwood County — Location and Boundarie^^ — Greenwood 
County is bounded as follows : That is to say, beginning at the middle line 
of Saluda River at the northeast corner of Saluda County, thence along the 
line of Saluda County to its northwest corner on Mountain Creek; thence 
a straight line to the middle line of Shinburg Bridge on Cuffa Town Creek ; 
thence down the middle line of Cuffa Town Creek to its junction with 
Hard Labor Creek; thence down the middle line of Stevens' Creek to the 
mouth of Rocky Creek; thence up the middle line of Rocky Creek to the 
Abbeville and Edgefield Countj'- line ; thence north 3.3 degrees west to mile- 
post on public road leading from Troy to McCormick near George Lebert's 
residence; thence north 13 degrees west to a corner post one hundred and 
fifty feet (150) south of Jordan's 'old mill on Long Cane Creek; thence 



CIVIL CODE OP SOUTH CAROLINA 277 

northeast 50 degrees two miles and three-quarters ; theuce northeast 42 
degrees two miles ; thence northeast 27 degrees 50 minutes two miles ; thence 
northeast 11' degrees 20 minutes two miles; thence northwest 1 degree two 
miles ; thence northwest 15 degrees 10 minutes two miles ; thence northwest 
29 degrees 20 minutes two miles ; thence northwest 43 degrees 35 minutes two 
miles ; thence northwest 57 degrees 45 minutes one and one-fifth miles, to 
post four hundred feet (400) north of Douglas' Mill Bridge on Long Caiie 
Creek ; thence north 7 degrees west to division line between Long Cane and 
Cokesbury Township ; thence up said division line to its crossing of Long 
Cane Creek ; thence up the middle line of Long Cane Creek to its crossing 
of the division line between Donald 's and Cokesbury Townships ; thence 
along said Cokesbury and Donald's Township division line to the middle 
line of Saluda River; thence down the middle line of Saluda River to the 
northeast corner of Saluda County, the point of beginning. 

Civ. '12, § 610; Civ. '02, § .550; 1897, XXII, 604; 1898, XXII, 897. 

(692) § 26. Hampton County — Location and Boundaries. — Hampton 

County is bounded as follows : On the northeast by Colleton County, from 
which it is separated by the Combahee and Salkehatchie Rivers; on the 
northwest by Allendale County; on the southwest by the Savannah River, 
M^hich separates it from the State of Georgia, and on the southeast by the 
Counties of Jasper and Beaufort. 

Civ. '12, § fill; Civ. "02, 8 .551; G. S. 420; R. S. 479; 1878, XVI, 375; 1912, XXVII, 
827; 1914, XXYIII, 62fi; 1916, XXIX, 754; 1919, XXXI, 5. 

(693) § 27. Horry County — Location and Boundaries. — Horry County 
is bounded as follows : On the southeast by the Atlantic Ocean, a line of 
thirty-one miles ; on the northeast by the North Carolina line, beginning at 
a cedar stake (marked with nine notches) on the seashore of Goat Island, 
about one and a quarter miles east of the mouth of Ijittle River, and run- 
ning from thence until it intersects Lumber River (about five and a fourth 
miles to the east of Newsom's Ferry) ; on the west and southwest by 
Marion and Georgetown Counties, fi'om which it is separated as follows : 
By Lumber River to Little Pee Dee River ; thence by Little Pee Dee River 
to its junction with Great Pee Dee River ; thence by Great Pee Dee River 
to its junction with Bull Creek; thence by said creek to the Waccamaw 
River, and down this river to a point about half a mile below Prince's 
Creek; and thence by a line I'unning over to a cedar post on the seashore 
(north 861/0° east) five miles and sixty-seven chains. 

Civ. '12, § 612; Civ. '02, § 5.52; G. S. 421; R. S. 480; IV, 663; V, 407, .544. 

(694) § 28. Jasper County — Location and Boundaries. — Jasper County 
is bounded as follows : Beginning at a point in the Savannah River, where 
the townshiji line between Lawton and Goethe Townships on one side and 
Robert and Coosawhatchie on the other, in Hampton County, intersects the 
South Carolina-Georgia State line ; thence the said line between said town- 
ships the line to its intersection with Coosawhatchie River; thence down 
the said run of Coosawhatchie River with its various courses to its junction 
with Tulefinnie River; thence down the same with its various courses to its 
teen chains, to a point over Rice Creek, on Peay's plantation, nearly half a 
Line Railroad Company ; thence up said western side of right of way to its 



278 CIVIL CODE OF SOUTH CAROLINA 

intersection with Poeataligo River; thence down the same with its various 
courses to its junction with Broad River; thence down the same with its 
various courses to a pine tree X 3 N, on Belia Point on the south side of 
Coles Creek; thence a straight line to the median line of Hazzards Back 
Creek, opposite Boland Hall ; thence down said creek to its junction with 
Eutaw Creek ; thence down said creek and through the nearest waterways 
to a point on Manigaults Neck where the land line dividing the land of 
Chelsea Club from the Pripp land intersects said creek or waterway ;. thence 
the said land line to its intersection with the Pripp Public Road; thence 
down Jasper County side of the said Pripp Public Road to its intersection 
with the Hazel Road ; thence westerly along the Jasper County side of said 
Hazel Road to its intersection with a public road at or near Hazel Episco- 
pal Church ; thence westerly along the Beaufort County side of said public 
road to its intersection with the Charleston and Savannah Turnpike ; thence 
the Beaufort County side of the said turnpike to a point opposite its inter- 
section with the southern boundary line of the land of the Okeetee Club; 
thence across said road to the said boundary line, the line in a westerly 
direction to a corner where said land line turns in a northeasterly direction ; 
thence on said line in a northeasterly direction, the line three-fourths of a 
mile ; thence a straight line, the line westerlj' to a point where the said boimd- 
ary line of said Okeetee Club land intersects the county line of Hampton and 
Beaufort Counties ; thence the said county line, the line in a southwesterly 
direction to its intersection with the northeasterly boundarj^ of the Savan- 
nah and Augusta Public Road ; thence in a southeasterly direction the said 
northeasterly boundary of the Savannah and Augusta Public Road to its 
intersection with the Charleston and Savannah Public Road; thence down 
the westerly boundary of the said Savannah and Augusta Public Road with 
its various courses and distances to a point on said road two (2) miles from 
the east bank of the Savannah River at Screvens Ferry ; thence south sixty 
(S. 60 W.) degrees west, a straight line, the line to its intersection with the 
South Carolina-Georgia State line; thence the said South Carolina- Georgia 
State line with its various courses and distances the line, to the beginning 
point. The said county is hereby named Jasper, and the county seat thereof 
is hereby established in the town of Ridgeland. 

1912, XXVII, 827; 1914, XXVIII, 626; 1916, XXIX, 754. 

White, Supervisor et al, v. Saunders, 114 S. C. 54. 103 S. E. 86. 

(695) § 29. Kershaw Comity — Location and Boundaries. — Kershaw 
County is bounded on the southeast by Lee and Sumter Counties, from 
which it is divided by a line beginning at Spivey's Ferry, on Lynch 's 
River, and extending along the Lee County line to the point where the line 
between Lee County and Sumter County meets the line of Kershaw County ; 
thence in a southwest direction along the Sumter County line to the Wateree 
River ; on the southwest by Richland County, from which it is divided by a 
line beginning at the Wateree River, opposite to the last mentioned point, 
and running (south 66° west), or by Raglin's Creek, to Speer's Creek; 
thence up Raglin's Creek to its head; thence by a straight line (north 40%° 
west) ten miles seventeen chains; thence (north 561/2° west) one mile four- 
teen chaius, to a point over Rice Creek, on Peay's plantation, nearly half a 
mile above the fork of Twenty-five Mile Creek; on the west by Fairfield 



CIVIL CODE OF SOUTH CAROLINA 279 

County, from which it is separated by a line drawn from the last mentioned 
point (north 18y^° east) twenty-three miles fourteen chains, or until it 
intersects the "Wateree River, and up the said river half a mile above Peay 's 
Fen-y ; on the northwest and north by Lancaster County, from which it is 
divided by the following lines : Beginning at a point on Catawba River one- 
half mile above Peay's Ferry, thence north 54 E. 9 miles 62 chains to stone 
corner near Russell Place; thence N. 74 E. 1 mile 37 chains and 50 links to 
corner at Hammond's Springs 75 feet left; thence N. 48 E. 2 miles 63 chains 
to stone corner near Hanging Rock Bridge; thence south along the Salis- 
bury Road 4 miles 16 chains to corner near Bethel Church: thence N. 66 E. 
14 miles 76 chains 16 links to Lynch 's River, separating Chesterfield from 
Kershaw and Lancaster Counties ; on the notheast by Chesterfield and Dar- 
lington Counties, from which it is separated by Lynch 's River down to the 
place of beginning, less the following territory transferred to Lee County 
by Act of the General Assembly, approved March 7th, 1921, to wit : Com- 
mencing at that point on the McCuUum public road from Bishopville to 
Camden, west of Marshall's just where the present boundary line between 
Lee and Kershaw County enters said road ; thence a Northerly direction 
to a point where the lands of Joseph Radcliffe, D. L. Johnson and Richard 
Cullum corner; thence in a Northeasterly direction to Neil's crossing on 
Thickhead Swamp ; thence in a Northeasterly direction along the bound- 
ary line between lands of M. H. Pate and Wesley McCaskill, to neighbor- 
hood road leading from the McCuUum road by residence of Wesley Mc- 
Caskill : thence in a Northerly direction along said road to the point 
where the land of J. S. Tisdale corners with the land of the estate of 
Bullock ; thence in a Northeasterly direction along the boundary line be- 
tween lands of estate of Bullock and lands of J. S. Tisdale, and between 
lands of J. J. Self and Wiley Hatfield's lands to neighborhood road, 
known as Riley's old road; thence with the said road in a Northeasterly 
direction to the intersection of Lee County and Kershaw Comity bound- 
ary lines ; thence with the Lee County line back to the beginning point. 

Civ. '12, § 613; Civ. '02, g .5.53; G. S. 422; R. S. 48i; V, 218; VI, 69; VII, 270, 284; 
IX, 386; 1892, XXI, 296; 1921, XXXII, 239. 

(696) § 30. Lancaster County; — Location and Boundaries. — Lancaster 
County is bounded as follows : On the north by the North Carolina line ; 
on the west by the Catawba River and Big Sugar Creek from the point 
where it enters said river to the intersection of the North Carolina line, 
which separates it from the Counties of York, Chester, and Fairfield; on 
the south by Kershaw County, from which it is di\dded by the line men- 
tioned in the last preceding Section ; and on the east by Chesterfield County, 
from which it is separated by Lynch 's River. 

Civ. '12, § 614; Civ. '02, § 554; G. S. 428; R. S. 482; 1873, XV, 425; IV, 662; V, 218, 
697; VI, 69; VII, 284. 

(697) § 31. Laurens County — Location and Boundaries. — Laurens 
County is bounded as follows : On the southwest by the Saluda River, by 
which it is separated from Abbeville and Greenwood Counties; on the 
northwest by Greenville County, from which it is divided by a line com- 
mencing at the mouth of Line Creek, where it enters the Saluda River, and 



280 CIVIL CODE OF SOUTH CAROLINA 

running- five miles and forty-five chains to a water oak, marked "Ij. G.," 
on the Reedy River; thence (north 4 degrees west) three miles and forty- 
five chains to a point; thence (north 17 degrees east) eleven miles and 
sixty chains, to the ford on Enoree River, opposite Zadock 's Ford : on the 
northeast by the Enoree River, which separates it from Spartanburg and 
Union Counties; on the southeast by Newberry County, from which it is 
divided by the old road leading from Odel 's Ford, on the Enoree River, to 
Island Ford, on the Saluda River. 

Civ. '12, § ()J5; Civ. '02, § 555; G. S. 424; R. S. 483; IV, 661; V, 220, 545; 1898, XXII, 
897. 

(698) § 33. Lee County — Location and Boundaries. — Lee County is 
bounded as follows : Beginning at Field 's Bridge, on Lynch 's River, and 
running down said river a distance of thirteen miles, leaving said river 
back of Irby Truluck's plantation and crossing the Lynchburg and Lake 
City Road between Bob Welsh and Dr. Miller's places, a course S. 28° W. 
31/4 miles striking a new road; thence S. 80° W. 2"4 miles to the Pudding 
Swamp Road at T. L. Kirkpatrick's; thence S. 65° W. crossing Raccoon 
Road at Sam Wilson's 5% miles to Scottsville; thence from Scottsville S. 
76%° W. % miles to Black River; thence up Black River, in Sumter 
County, 334^ miles to Witherspoon Crossing; thence S. 80° W. to Scape 
O'er Swamp : thence up said swamp 2% miles to the C. S. & N. R. R. Cross- 
ing; thence N. 80° W. to a pine on the old dividing line between Lee and 
Sumter Counties on the west side of the public road leading from Oswego 
to DuBose's Cross Roads, and at a distance of 4-].0 miles from the center of 
said public road; and running thence N. 16° 27' W. 1 74-100 miles to a 
point in the center of said public road leading fx-om Oswego to DuBose's 
Cross Roads about opiDOsite the dwelling of Mrs. Martin; thence along the 
center of said public road for a distance of 1 27-100 miles to DuBose's 
Cross Roads; thence N. 61° 10' W. along the center of the road leading to 
Herriott's Cross Roads, a distance of 3-10 miles; thence S. 87° 35' W. a 
distance of 3 23-100 miles to the bridge at the main run of Open Branch 
on the road leading to Bradford's Springs; thence S. 63° 20' W. a distance 
of 1 11-100 miles to a point in Stauyarne Burrow's field; thence S. 43° 50' 
W. to the intersection with the line between Lee and Sumter Counties; 
thence N. 62° 5 37-100 miles to a point in Bradlej^'s field near the Kershaw 
County line ; thence due north 1 87-100 miles to the Kershaw County line ; 
thence down said line 2 62-100 miles to Reynold 's Mill ; thence following the 
Three Notch Road, in Kershaw County, a distance of three miles to Antioch 
School House; thence N. 50° E. lYi miles. Thence due north 134 miles to 
the Camden Road; thence following said road a distance of 4% miles to 
Harrison Hall Mill ; thence in an eastern direction 1 87-100 miles to the old 
Georgetown Road ; thence up said road to near the head of Turkey Creek ; 
thence in a northern line to the Camden Road leading from Kelly's Bridge, 
on Lynch 's River, to Camden ; thence down said road to the Holland Ditch ; 
thence up said ditch % mile to a corner of plantation of Edmond Tiller ; ■ 
thence N. 63° E. crossing the Mecklenburg Road near the house of Whit- 
field Gardner, to L.ynch's River south of Dr. Norwood's place 3 37-100 
miles; thence down said river a distance of three miles near Kelly's Bridge, 
Vs mile south of said bridge; thence N. 42° E. three miles to Ashland 



CIVIL CODE OF SOUTH CAROLINA 281 

Methodist Cliurch; thence N. 22° E. crossing the Chesterfield Road between 
J. E. Woodham and J. W. Gardner 2 62-100 miles -to Stuckey's gate on the 
old State Road; thence down said road % of a mile; thence due south 
2 62-100 miles to Liberty Hill Church, at the head of Sparrow Swamp; 
thence down Sparrow Swamp to a point in the Marco ]\Iill Pond, near B. 
A. Howls ; thence in Cypress Township S. 28° E. lyo miles to Long Branch ; 
thence up said branch % of a mile; thence S. 28° E. IVg miles to Screeches 
Branch; thence due south three miles to the Lamar Township line; thence 
following said line to the beginning corner, and in addition the following 
territory transferred from Kershaw County by Act of the General Assem- 
bly, approved March 7th, 1921, to wit: Commencing at that point on the 
McCullum public road from Bishopville to Camden, west of Marshall's 
church, where the present boundary line between Lee and Kershaw 
counties enters said road, thence a northern direction to the i:)oint where 
the land of Joseph Radcliffe, D. L. Johnson and Richard Outlaw corner; 
thence in a northeasterly direction to Neil's Crossing on Thick Head 
Swamp ; thence in a northeasterly direction along the boundary line be- 
tween land of M. H. Pate and Wesley McCaskill to neighborhood road 
leading from the McCullum road by residence of Wesley McCaskill ; 
thence in a northerly direction along said road to the point where the 
land of J. S. Tisdale corners with the land of the estate of Bullock ; thence 
in a northeasterly direction along the boundary line between lands of 
estate of Bullock and land of J. S. Tisdale and between land of J. J. Self 
and Wiley Hatfield's land to neighborhood road known as the Riley Hall 
Road ; thence with the said road in a northeasterly direction to the inter- 
section of the Lee County and Kershaw County bomidary lines ; thence 
with the Lee County line back to the beginning point, containing by sur- 
vey four and 24-100 square miles. 

Civ. '12, § 616; 1902. XXIII, 1194-; 19U, XXVIII, 6+7: 1921. XXXII, 239. 

(699) § 34. Lexington County — Location and Boundaries. — Lexington 
County is bounded on the northeast and east by Richland County; on the 
southeast by Orangeburg and Calhoun Counties, from which it is divided by 
Beaver Creek; on the southwest by Aiken County, from which it is sepa- 
rated by the north fork of the Edisto River to the mouth of the southern 
branch of Chinquepin Falls Creek, and then by said creek to a point where 
it intersects the line drawn from Silver Bluff, on the Savannah River, to 
the mouth of Rocky Creek, on Saluda River; on the northwest by Saluda 
Countj% from which it is separated by a line drawn from Silver Bluff, on 
Savannah River, to the mouth of Rocky Creek, on the Saluda River; and 
bj' Newberry County, from which it is separated by a line beginning at a 
point in Broad River, on the Fairfield-Lexington County line, about one- 
fourth of a mile below Peak, and running thence S. 40 degrees W. to a point 
on the west bank of Broad River ; thence S. 40 degrees W. 1,956 feet to an 
oak ; thence. S. 46 degrees 40 minutes W. 2,410 feet to a stone on the public 
road ; thence S. 41 degrees W. 1,143 feet to a stake ; thence S. 32 degrees 30 
minutes W. 9,568 feet to a stake on a branch : thence down the run of the 
branch to a stake; thence S. 45 degrees W. 575 feet to a stake; thence N. 
86 degrees 30 minutes W. 3,782 feet to a pine; thence S. 26 degrees 30 min- 
utes W. 3,650 feet to a stake ; thence S. 53 degrees 30 minutes W. 4.990 



282 CIVIL CODE OP SOUTH CAROLINA 

feet to a point on the Columbia, Newberry and Laurens Railroad ; thence S. 
73 degrees 30 minutes W. 2,613 feet to a maple in a branch; thence S. 68 
degrees 30 minutes W. 2,180 feet to a stake near a negro church ; thence N. 
77 degrees 30 minutes W. 5,577 feet to a stake just west of the public road, 
near Little Mountain; thence S. 28 degrees W. 20,850 feet to Camping 
Creek, near the mouth of Stevens Creek; thence up the run of Camping 
Creek to the old Newberry-Lexington County line; thence southwesterly 
with the old Newberry-Lexington County line to Saluda County on Broad 
River. 

Civ. '12, § 617; Civ. '02, § 556; G. S. 12S; R. S. 484; IV, 664; V, 478, 506; VI, 463; 
VII, 248; XIV, 695; 1986, XXII, 249; 1901, XXIII, 662; 1912, XXVII, 821; 1913, 
XXVIII, 107; 1920, XXXI, 976. 

(700) § 35. Marion County — Location and Boundaries. — Marion County 
is bounded as follows : On the north by Dillion County, on the west by the 
Great Pee Dee River, thence down the Great Pee Dee River, which divides 
it from Florence, Williamsburg and Georgetown Counties, to the mouth of 
the Little Pee Dee River ; thence up the Little Pee Dee and Lumber Rivers, 
separating it on the east from Horry County, to the line of Dillon County on 
the Little Pee Dee River. 

Civ. '12, § 618; Civ. '02, § 557; G. S. 426; R. S. 485; IV, 663; VII, 199, 284, 261; XII, 
785, 835; 1888, XX, 168; 1889, XX, 507, 517. 

(701) § 36. Marlboro County — Location and Boundaries. — Marlboro 
County is bounded as follows : On the west by the Great Pee Dee River, 
which separates it from the Counties of Chesterfield, Darlington and Flor- 
ence ; and on the southeast by Dillon County, from which it is divided by a 
line drawn from a dead pine on the North Carolina line (south 22i/^° 
west) twenty- four and three-fourths miles until it intersects the Great Pee 
Dee River. 

Civ. '12, § 619; Civ. '02, § 558; G. S. 427; R. S. 486; IV, 662; VII, 199, 284. 

(702) § 37. McCormick County — Location and Boundaries. — McCor- 
mick Countv' is bounded as follows : Beginning at a point on the South 
Carolina-Georgia line in the Savannah River, opposite the mouth of Coffer 
Creek; thence a straight line, N. 45 degrees E. 26,728 feet to the fork of 
roads at Riley 's ; thence the public road, in an easterly direction to Island 
Bridge over Little River ; thence continuing 6,978 feet to the fork of road ; 
thence turning to the east, following the right hand road to the south of 
Little River, known as White's Creek; thence a straight line S. 85 degrees 
30 minutes E. 23,800 feet to a point in the road near Clatworthy's Cross 
Roads; thence a straight line N. 78 degrees 15 minutes E. 15,700 to a point 
on the Greenwood-Abbeville County line near Jordan's Mill; thence the 
said Greenwood- Abbe%dlle County line, in a southerly direction to its inter- 
section with the C. & W. C. Railway, about one mile south of Troy : thence 
a straight line north 58 degrees east 5,000 feet to a stake, south qf the incor- 
porated limits of Troy; thence a straight line N. 46 degrees E. 19,659 feet 
to a stake on the Abbe\T.lle-Edgefield Public Road ; thence the said Abbe- 
ville-Edgefield Public Road in a southerly direction to a road opposite the 
Jabe Stone place; thence N. 44 degrees 30 minutes E. 7,200 to a stake; 
thence a straight line S. 83 degrees E. 13,361 feet to a stake near or at Calli- 



CIVIL CODE OP SOUTH CAROLINA 283 

son 's old mill on Cuffytown Creek ; thence up the run of said creek to the 
Callison-Kirksey Township line ; thence the said township line in an easterly 
direction to the Martintown Road; thence the said Martintown Road in a 
southeasterly direction to the Greenwood-Edgefield County line ; thence the 
said Greenwood-Edgefield County line in a westerly direction to a stake 
about one-quarter of a mile west of the old White place ; thence a straight 
line south 1?, degrees E. 10,978 feet to a stake; thence a straight line S. 77 
degrees W. 3,750 feet to a stake; thence a straight line S. 13 degrees E. 
8,522 feet to a pine; thence a straight line S. 35 degrees 45 minutes E. 
20,400 feet to Cochran Bridge on Turkey Creek; thence a straight line S. 
26 degrees 30 minutes E. 16,800 feet to a point where a branch crosses a 
public road ; thence a straight line S. 59 degrees 30 minutes W. 27,908 feet 
to the run of Big Stevens Creek ; thence down the run of Big Stevens Creek 
to a stake; thence a straight line S. 50 degrees W. 22,828 feet to the South 
Carolina-Georgia State line in the Savannah River; thence the said South 
Carolina-Georgia State line in a northwesterly direction to the beginning 
point. The said county is hereby named McCormick, and the county seat 
thereof is hereby established in the town of McCormick, and in addition 
the following territory transferred from Edgefield County by Act of the 
General Assembly, approved Februarj' 11th, 1921, to wit: Beginning at 
a Cottonwood tree on the west bank of Stevens Creek ; thence the Edge- 
field and McCormick countj' line to the South Carolina and Georgia State 
line in the Savannah River ; thence the South Carolina and Georgia State 
line in the Savannah River to old Furry 's Perry; thence a straight line 
north twenty-four degrees east to a stake X3N on the west bank of 
Stevens Creek ; thence up the west bank of Stevens Creek to the be- 
ginning point, and less the following territory transferred to Edgefield 
County by Act of the General Assembly, approved the 9th of February, 
1921, to wit : Beginning on the McCormick and Edgefield county 
line at Moultine's Mill bridge, on Turkey Creek; thence down the run 
of Turkey Creek to its intersection with Stevens Creek ; thence down 
the run of Stevens Creek to the Edgefield and McCormick county line ; 
thence the Edgefield and McCormick coimty line north 59 degrees 45 
minutes east 27,908 feet to a corner at the intersection of a public road 
■with a branch of Beaver Creek ; thence the Edgefield and McCormick 
County line north 26 degrees 15 minutes west 16,800 feet to the beginning 
point. 

1916, XXIX, 717; 1921, XXXII, 6, 34. 

(703) § 38. Newberry County — Location and Boundaries. — Newberry 
County is bounded as follows : On the northwest by Laurens County, from 
which it is separated by a line beginning at Island Ford, on Saluda River, 
and running thence along the old road to 'Dell's Ford, on Enoree River. 
On the north by a line commencing at 'Dell 's Ford, on Enoree River, and 
running thence down Enoree River to Anderson 's Ford ; thence along the 
road to Hill's Ferry, on Tiger River; thence down the same to the mouth; 
thence down Broad River to a point on the Fairfield-Lexington County line 
about one-fourth of a mile below Peak, and running thence S. 40° W. to a 
point on the west bank of Broad River; thence S. 40° "W. 1,956 feet to an 
oak; thence S. 46° 40' W. 2,410 feet to a stone in the public road ; thence S. 



284 CIVIL CODE OF SOUTH CAROLINA 

41° W. l,14o feet to a stake ; thence S. 32° 30' W. 95.68 feet to a stake on a 
branch; thence clown the run of the branch to a stake; thence S. 55° W. 
575 feet to a stake; thence N. 86° 30' W. 3,782 feet to a pine; thence S. 
26° 30' W. 3,650 feet to a stake; thence S. 53° 30' W. 4,940 feet to a point 
on the Columbia, Newberry and Laurens Eailroad; thence S. 73° 30' W. 
2,613 feet to a maple in a branch; thence S. 68° 30' W. 2,180 feet to a stake 
near a negro church; thence N. 77° 30' W. 5,577 feet to a stake, just west 
of the public road near Little Mountain; thence S. 28° W. 2,850 feet to 
Camping Creek, near the mouth of Stevens' Creek; thence up the run of 
Camping Creek to the old Newberry-Lexington County line ; thence with the 
old Lexington-Newberry County line to the Saluda River ; and is bounded on 
the southwest by the Sahida River, which separates it from Saluda and 
Greenwood Counties. 

Civ. '12, § 620; Civ. '02, § 559; G. S. 428; R. S. 487; IV, 661; VII, 199, 248, 262, 284; 
1901, XXIII, 662; 1920, XXXI, 976. 

(704) § 39. Oconee County — Location and Bomidaries. — Oconee County 
is bounded as follows : On the north by the North Carolina line ; on the 
east by Pickens County, from which it is separated by a line beginning in 
the middle cf Seneca River, where Ravenel's Bridge is located on said river, 
and running thence S. 85° E. 12 chains to a corner; thence S. 47° E. 10.21 
chains to a corner; thence S. 27° E. 5 chains to a corner; thence S. 75° E. 
3.30 chains to a corner; thence N. 69.5° E. 12.37 chains to a corner; thence 
S. 88° E. 30.88 chains to a corner; thence S. 59° E. 12.15 chains to a corner; 
thence S. 29° E. 13.67 chains to a corner; thence S. 83.5° B. 7.31 chains to 
corner; thence N. 82° E. 10.16 chains to corner; thence N. 98° B. 2,840 
chains to corner; thence N. 81° E. 9.73 chains to a corner; thence S. 78° B. 
16.16 chains to a corner; thence S. 54° E. 5.57 chains to a corner; thence S. 
30° E. 0.19 chains to a corner; thence S. 51° E. 35.45 chains to corner; 
thence S. 57° B. 23.93 chains to corner; thence S. 68.5° E. 7.91 chains to 
corner; thence S. 50° E. 8.22 chains to corner; thence S. 56° E. 11.90 chains 
to corner; thence S. 32° E. 3.39 chains to corner; thence S. 47.5° E. 10.15 
chains to corner; thence S. 47.5° B. 11.59 chains to corner; thence S. 66° 
B. 3 chains to a corner on the line of Anderson County. It is bounded on 
the south by Anderson County, from which it is separated by a line, com- 
mencing at the mouth of Cane Creek, on Tugaloo River, and running thence 
along the line which originally separated Anderson and Pickens Districts 
to its point of intersection with the public road leading from Ravenel's 
Bridge to Pendleton Village; on the west and northwest by the State of 
Georgia, from which it is separated by the Tugaloo and Chatooga Rivers. 

Civ. '12, § 621; Civ. '02, § 560; G. S. 429; R. S. 448; 1875, XV, 1014; I, 196; VT, 39, 
289, 341; Con.sl., Art. II, § 3; 1917, XXX, 164. 

(705) § 40. Orangeburg County — Location and Boundaries. — Orange- 
burg County is bounded 'as follows: On the north and northeast by Calhoun 
and Clarendon Counties, from which it is sejiarated by the Santee River 
and the line of Calhoun County ; on the southwest by Berkeley and Colleton 
Counties, from which it is divided by a line drawn (south 52° west) from 
Nelson's Perry, on the Santee River, to Matthews' Bluff, on the Savannah 
River ; on the southwest bv Barnwell and Bamberg Counties, from which it is 



CIVIL CODE OF SOUTH CAROLINA 285 

separated bj' the South Edisto River ; on the northwest by Aiken and Lex- 
ington Counties, from which it is divided by a direct line drawn from A. J. 
Weathersbee 's old mill, on the line between Barnwell and Aiken Counties, 
to the point where the Cedar Pond Branch empties into the North Pork of 
the Edisto, and by another direct line, drawn from said point where the 
Cedar Pond Branch empties into the North Fork of the Edisto, to the head 
waters of the main branch of Beaver Creek ; thence down said creek to the 
line of Calhoun County; thence along said line to the Santee River: Pro- 
vided, That the county lines of Berkeley County and of Orangeburg County 
are hereby so altered as to cut off from said Berkeley County and to transfer 
and annex to and incorporate within said Orangeburg County all of that 
certain territory or portion of Berkeley County embraced within the fol- 
lowing lines and boundaries, to wit : Beginning at a point located on Four 
Holes Swamp at the intersection of the boundary lines of Orangeburg, Dor- 
chester and Berkeley Counties, and extending in a southeasterly direction, 
along Four Holes Swamp, the same being the boiindary between Dorchester 
and Berkeley Counties to a large cypress which stands at the confluence of 
Four Holes and Dean Swamps, at the upper part of Turkey Lake ; thence 
up and along the run of Dean Swamp as it meanders to a point where Dean 
Swamp and Black Creek unite; thence up Black Creek to the point where 
Big Black Creek and Little Black Creek unite; thence up Little Black Creek 
to the point where the ' ' new road ' ' crosses said Little Black Creek ; thence 
northerly up the ' ' new road ' ' to the Monck 's Corner Public Road, near Mark 
Richardson's place ; thence north ten chains to a pine ; thence north 14° east, 
thirty-eight chains to a stake; thence south 37° 15 minutes east, forty-nine 
chains to stake; thence east 9.70 chains to a stake; thence north 39.50 chains 
to a stake; thence north 87° east, thirty-four chains and ten links; thence 
north fiftj'-four and one-half (541/2) chains to a stake; thence north 1° 30 
minutes west, eighteen chains and sixty links to a stake ; thence north 30° 
west, thirty-one chains to a stake; thence north 8° west, eleven chains to a 
cypress at the river road and Rock Creek Bridge; thence northeast along 
Rock Creek to where Rock Creek empties into the Santee River ; thence up 
the Santee River to the mouth of Eutaw Creek, where the Orangeburg and 
Berkeley lines connect; thence southwest along the boundary line between 
Orangeburg and Berkeley Counties to the jjoint of beginning. 

Civ. '12, § 622; Civ, '02, § 561; G. S. 430; R. S. 489; V, 407; VII, 199, 261, 284; XIV, 
695. 

(706) § 41. Pickens County — Location and Boundaries. — Pickens 
County is bounded as follows : On the north by the North Carolina line ; on 
the east by Greenville County, from which it is separated by the Saluda 
River; on the south by Anderson County, from which it is seijarated by a 
line beginning at the mouth of Cane Creek, on the Tugaloo River, and then 
running to a point where Eighteen Mile Creek is crossed by the road lead- 
ing from Pendleton to Hagood 's Store, and thence to the mouth of George 's 
Creek, on the Saluda River; on the west by Oconee County by a line more 
particularly described in Section 39 setting forth the boundary line between 
Oconee and Pickens Counties. 

Civ. '12, § 631; Civ. '02, § 570; G. S. 438; R. S. 497; 1868, XIV, 134, § 36. 
284; 1875, XV, 1014; 1917, XXX, 164. 



286 CIVIL CODE OF SOUTH CAROLINA 

(707) § 42. Richland County — Location and Boundaries. — Richland 

County is bounded on the north by Fairfield County, from which it is 
separated by new boundary lines set forth and specifically described in the 
location and boundary of Fairfield County; on the east by Kershaw County 
and Sumter County, from which it is separated by the Wateree River ; on 
the south by Calhoun County ; on the west by Lexington County, from which 
it is separated by a line beginning on the Congaree River where the Counties 
of Lexington and Richland meet on the southern division thereof, and run- 
ning thence with the said Congaree River to where the confluence of the 
Broad and Saluda Rivers unite to form the Congaree, and following the 
thread of the said Saluda River about two and one-half miles to a pine tree 
marked X ?> N. ; thence in a northwesterly direction upon the circumfer- 
ence of a circle having Lexington Court House as its center, with a radius 
of eight miles and a deflection of 1 degree and 21 minutes for every one thou- 
sand feet, 31,800 feet to a stake on the eastern boundary line of the town 
of Irmo ; thence along the said boundary line of the town of Irmo 1,040 feet 
to the northeast corner of said town ; thence west along the northern 
boundary of said town of Irmo 2,260 feet to a stake located thereon ; thence 
along the circumference of the circle first described 11,360 feet to a stake ; 
thence north 42 degrees 30 minutes W. 878 feet ; thence west 5,000 feet to 
a stake; thence S. 85 W. 5,000 feet to stake; thence S. 80 W. 5,541 feetto 
stake; thence N. 37 degrees 28 minutes W. 10,618 feet to stake; thence S. 
85 W. 750 feet to a pine; thence N. 34 degrees 45 minutes W. 10,491 feet 
to a stake; thence N. 22 E. 914 feet to a stake; thence N. 37 degrees 5 min- 
utes W. 1,313 feet to a stake; thence N. 13 degrees 45 minutes E. 2,597 feet 
to a stake ; thence N. 56 degrees 35 minutes E. 3,920 feet to a point on Rocky 
Ford on Wateree Creek ; thence N., N. E. and E. along the said Wateree 
Creek to where it empties into Broad River. 

Civ. '12, § G24; Civ. '02, § 563; G. S. 432; R. S. 491; IV, 662; VII, 290; V, 219, 317; 
1913, XXVIII, 107, 117. 

(708) § 43. Saluda County — Location and Boundaries. — Saluda County 
is bounded by a line beginning at the center of Big Saluda River at a point 
opposite the corner of Edgefield and Lexington Counties ; thence the old 
Edgefield and Lexington line to the corner of Lexington and Aiken Coun- 
ties ; thence the old Edgefield and Aiken line to a point three miles north of 
where the public road crosses said line near Lybrand's old mill; thence a 
straight line to ten-mile post on public highway leading from Edgefield to 
Columbia, near the residence of J. W. L. Bartley; thence a straight line to 
the junction of the public road leading from Pleasant Cross with the Long 
Cane Road near William Lott's; thence by the Long Cane Road to Matt 
Mathis ' Cross Roads : thence a straight line to Owdom 's Postoffiee ; thence 
a straight line to Little Red Hill School House near Dr. Landrum's old 
place; thence a straight line to a point on the northwestern line of Pine 
Grove Township, one mile north of Double Bridges ; thence along the north- 
western boundary of Pine Grove Township to the point on the old Charles- 
ton and Cambridge Road, where it crosses Halfway Swamp Creek ; thence 
down the middle of Halfway Swamp Creek to a point in the middle of 
Saluda River opposite the mouth of said creek ; thence down the middle of 
Big Saluda River to the initial point. 

Civ. '12, § 625; Civ. '02, § 564; 1896, XXII, 249. 



CIVIL CODE OF SOUTH CAROLINA 287 

(709) § 44. Spartanburg County — Location and Boundaries. — Spartan- 
burg County is bounded as follows : On the north by the North Carolina 
line ; on the west by Greenville County, from which it is divided bj' a line 
commencing on the North Carolina line at a stone marked "S. C." on the 
east side of Blaekstock's Koad, near the Trj'on Mountain, and running 
(south 2° east) twenty-two miles and sixty-four chains, or until it inter- 
sects the Enoree River at Abner's Mill on said river; thence down the 
Enoree River to a point about one mile and three-quarters below Andersons 
Bridge (the corner of Greenville and Laurens Counties) ; on the southwest 
by the Enoree River, down to a dead Spanish oak below Head's Ford, and 
a little above the mouth of a small creek which divides it from Laiirens 
County ; on the southeast by Union County, from which it is divided by the 
following lines : Beginning at the dead Spanish oak on the north side of 
Enoree River, and running (north 12° east) three miles and twenty -six 
chains; thence (north 17° east) two miles and twenty-eight chains; thence 
(north 6%" east) eleven miles and fifteen chains, crossing Tyger River, to 
Fair Forest Creek; thence (north 33° 45' east) six miles and thirty-seven 
chains to Pacolet River, a little below Gist's Mill: thence along the western 
boundary of Cherokee County to the North Carolina State line. 

Civ. '12, § 626; Civ. '02, § 565; G. S. 133; R. S. 492; IV, 661; VII, 2&1; 189T, XXII, 589. 

(710) § 45. Sumter County — Location and Boundaries. — Sumter County 
is bounded as follows : On the north bj' Kershaw, Lee and Florence Coun- 
ties ; on the east by Florence County ; on the south by Clarendon County, 
from which it is separated by the northwestern line of Clarendon County 
mentioned in Section 15 ; on the west by the Santee River, which separates it 
from Richland County : on the northwest by Kershaw County, from which 
it is separated by a line running up Raglin's Gut to Big Swift Creek and 
in addition the following territory transferred from Clarendon County 
by Act of the General Assembly, approved March 7th, 1921, to wit: 
Commencing at a point on the Sumter County line and running due 
south 1.42 miles to an oak at the intersection of the public road leading 
from Paxville to Pinewood with the road leading from Paxville to 
Broadways siding ; then south 9 degrees 30 minutes east 1.52 miles to the 
center of the Curtis Mill dam ; then south 1 degree 20 minutes east 
2.36 miles to the intersection of the run of Hungryhall Branch with 
the run of Deschamps Branch ; then following the run of Deschamps 
Branch to the intersection of said run with the public road leading 
from Panola to Calvary Church ; then south 78 degrees 2.93 miles to 
intersection with the line of School District No. 1 ; then south 2 degrees 
30 minutes west 2.49 miles to intersection with the boundary between 
Big Home, Hickory Hill and Elniwood plantation ; or to intersection 
with a projection of said boundary line : then south 39 degrees west 
4,000 feet, then north 47 degrees west 817 feet : then in a southwest 
direction to Santee River ; then in a northwest direction up the Santee 
River to a point where the same intersecting the Sumter County line, 
then eastwardly along the Sumter line to the beginning iioint. The 
metes and boimds and location and lines are more accurately set forth 
on plat bearing date July 16, 1920, made by Theodore C. Hamby, Wil- 
liam "Weston and Lindley Arthur, filed in the office of the Secretary 
of State. The territorv to be taken from Clarendon Countv to be 



288 CIVIL CODE OF SOUTH CAROLINA 

added to and to be incorporated into Sumter County contains, by 
actual survey, 93.50 square miles. 

Civ. '12, § 627; Civ. '02, § 566; G. S. 434; R. S. 493; XII, 416; VII, 284; XX, 517; 
1914, XXVIII, 647; 1921, XXXII, 283. 

(711) § 46. Union County — Location and Boundaries. — Union County is 

bounded as follows : On the north bj- the Paeolet River, which separates it 
from Cherokee County; on the east by Broad River, which separates it 
from York, Chester and Fairfield Counties; on the northwest bj^ Spartan- 
burg County, from which it is divided bj' a line, beginning at the corner of 
Cherokee and Union Counties with Spartanburg County on the Paeolet 
River, and running thence (south 33%° west) to the intersection of Fair 
Forest Creek; thence (south 61/2° west) across the Tyger River to Hackett's 
Creek; thence (south 17° west) two miles twentj'-eight chains, to the Cross 
Keys Road; thence (south 12° west) to a dead Spanish oak on the north 
bank of the Enoree River, a little above Musgrove's Ford, opposite Gor- 
don's Mill; on the southwest by Laurens and Newberry Counties, from 
which it is divided by the Enoree River, down to Avery's Ford; thence by 
the road to Crenshaw's Ford, on the Tyger River; thence down said river 
to its .junction with the Broad River, which forms its southeast boundary. 

Civ. '12, § 628; Civ. '02, § 567; G. S. 435; R. S. 404; IV, 662; VII, 284; XXII, 588. 

(712) § 47. Williamsburg County — Location and Boundaries. — Wil- 
liamsburg County is bounded as follows : On the southwest by Berkeley 
County, from which it is separated by the Santee River ; on the northwest 
by Clarendon and Florence Counties ; on the east and southeast by Marion 
County, from which it is separated by the Great Pee Dee River, and by 
Georgetown County, from which it is separated by a line commencing on 
the Great Pee Dee River, the dividing line between Williamsburg, Marion 
and Georgetown Counties, and running to the road leading from Britton's 
and Bradley 's Ferry, on said Great Pee Dee River, to Leneud 's Ferry, on 
Santee River, the said road being the boundary line on the southeast sepa- 
rating it from Georgetown County, less the following territory trans- 
ferred to Florence County by Act of the General Assembly, approved 
the 4th of March, 1921, to wit: Beginning at a point in the road 
leading to Lees Cross Road, where same crosses Lynches Lake and 
running S. 12 degrees 30 minutes W. 1943 feet, thence S. 8 degrees 
10 minutes W. 526 feet, thence S. 14 degrees 30 minutes B. 1119 feet, 
thence S. 25 degrees 20 minutes E. 730 feet, thence S. 72 degrees 20 
minutes E. 43610 feet to a stake at the road leading from Indiantown 
to Kingstree, thence N. 26 degrees, E. 316 feet, thence along the Kings- 
tree road N. 71 degrees 35 minutes E. 10094 feet, thence 504 feet along 
said road to the intersection of Owens Swamp, theiace 527 feet along 
said road, thence 806 feet along said road, thence N, E. 711 feet, thence 
N. E. 559 feet, thence B. 506 feet, thence S. E. 1225 feet to a point in 
the center of said road, thence N. B. 3380 feet along center of said 
road, thence 2315 feet to where it intersects Flannigan's Creek, thence 
along Muddy Creek to the intersection of Clark's Creek, thence along 
Clark's Creek to the intersection of Pee Dee River, thence along Pee 
Dee River to the mouth of Lynches River, thence along Lynches ' River 



CIVIL CODE OF SOUTH CAROLINA 289 

to the mouth of Lynches Lake, thence along Ljoiches Lake to the be- 
ginning point, containing 45.3 square miles as per map made by J. W. 
Coggshall and T. E. Wilson, civil engineers, April 18, 1920, and filed 
in the Governor 's office and in the office of the Clerk of Court of Florence 
County. For a more accurate description reference to said plat is hereby 
craved. 

Civ. '12, § 629; Civ. '02, § 568; IV, 663; V, 407; VII, 199, 261; 1888, XX, 168; 1889, 
XX, 507, 517; 1912, XXVII, 817; 1914, XXVIII, 612; 1921, XXXII, 212. 

(713) § 48. York County— Location and Boundaries. — York County is 
bounded as follows : On the north by the North Carolina line ; on the west 
by the eastern line of Cherokee Countj^, mentioned in Section 12; on the 
south by Chester County, from which it is divided by a line beginning at a 
hickory tree, on the southwest side of the Catawba Eiver, about ten chains 
above the mouth of Ferrill's Creek, and running (nearly south 88° west) 
by an old line called and known by the name of the Line of the New Acqui- 
sition, to an ash and black gum on the bank of Broad River, on Robert 
Elliott's land; on the east by the County of Lancaster and the North Caro- 
lina line, less the following territory transferred to Cherokee County 
by Act of the General Assembly, approved February 11, 1921, to wit: 
Beginning at a stake in road in State line on top of mountain at Burned 
Grocery and running thence S. 43% W. 224.00 chains to a large pine 
at N. E. end of Brown's Mountain; thence with the Cherokee County 
line N. 272 W. 152.00 to B. 0., B. A. Patterson's corner in State line; 
thence S. 86 E. 165.00 chains, with State line to beginning corner con- 
taining two (2) square miles. The metes and bounds and location and 
lines are more accurately set forth on plat of the same bearing the 
name of A. P. Falls, surveyor, filed in the office of the Governor. That 
the territory taken from from York County to be added to and to be in- 
corporated into Cherokee County contains by actual survey two square 
miles, said territory to be attached to and become a part of Cherokee town- 
ship of said county. 

Civ. '12, § 630; Civ. '02, § 569; G. S. 43T; R. S. 496; I, 132; IV, 662; V, 318; VII, 284; 
XV, 425; 1921, XXXII, 23. 

(714) § 49. Property of County. — Real and personal estate heretofore 
conveyed by any form of conveyance to the inhabitants of a county or dis- 
trict, to a committee, or commissioners, or other persons, or existing in a 
county or district for the use and benefit of a county or district, shall be 
deemed to be the property of such county ; and such conveyance shall have 
the same force and effect as if made to such county by its corporate name. 

Civ. '12, § 631; Civ. '02, § 670; G. S. 438; R. S. 497; 1868, XIV, 134, § 36. 

(715) § 50. Public Officers Having Care of Public Buildings May Insure 
the Same. — The public officers having by law the care and custody of 
town, village, city, or county buildings, are authorized to insure the same 
at the expense and for the benefit of the town, village, city, or county own- 
ing the same. 

Civ. '12, § 632; Civ. '02, § 571; G. S. 439; R. S. 498; 1868, XIV, 134, 32. 

(716) § 51. County Property Exempt From Levy and Sale. — All county 
poor farms, poor houses, and hospitals, court houses, jails, and all other 



290 CIVIL CODE OF SOUTH CAROLINA 

public property of everj' kiucl or description actuallj' used as such, are for- 
ever exempt from attachment, levy, and sale, on account of any judgment, 
lien, or claim whatsoever against the county to which they or anj- of them 
belong. 

Civ. '12, § 633; Civ. '02, § 572; G. S. 440; R. S. 499; 1874, XV, 686. 

(717) § 52. New Counties — Petition For. — AVhenever two or more sec- 
tions of an old county or counties desire to be incorporated into a new 
county there shall be filed with the Governor a petition signed bj' one-third 
of the qualiiied electors residing within the area of each section of the old 
county proposed to be cut oif to form a new county, setting forth the bound- 
aries of the proposed new county, the proposed name, the number of 
inhabitants, the area, the taxable propertj' as shown by the last tax returns, 
and that the proposed lines for the new county do not run nearer than eight 
miles of any court house building then established. 

Civ. '12, § 634; Civ. '02, § 574; 1896, XXII, 64, § 1. 

The provisions of Sections (717), (724), (72.5), (726), (727), being the Act of 1896, XXII, 64, 
considered and construed in Segars f. Parrott, .54 S. C. 1, 31 S. E. 677. 

(718) § 53. Petitioners to Deposit Money to Pay Costs of New Counties. 

— Whenever a petition is filed for the tormation of a new county, the 
petitioners shall deposit with the Clerks of Court of any county affected 
thereby an amount of money sufficient to cover expenses of survey and 
plats, and of the commissioners and of the election held for the purpose to 
determine the formation of a new county, and in case the result of the 
election be unfavorable to the formation, the deposit so required and 
designated shall become a part of the funds of the county from which such 
new county was proposed to be formed or from which such annexation to 
another was proposed. 

Special, Tax Levied in Annexed Territort — Auditor to Levy Tax in 
New County. — In case such new county is formed or annexation is con- 
summated the county so newly created shall pay all the costs and expenses 
■of its creation ; and if one portion of one county is annexed to another, the 
■county to which it is annexed shall lexy a special tax upon all property in 
such annexed district to cover the cost of survey and transfer, or so much 
thereof as the County Board of Commissioners of the county to which 
annexation or addition is made, shall deem just and proper, and they may 
levy upon the property within the original lines of their county such tax as 
in their judgment shall seem just and fair to augment the amount raised by 
taxation within the annexed district to reimburse and refund those who 
made the deposit, as provided in this Section, for the costs of annexation, 
and in no wise shall any county which has been cut for the formation of a 
new county, or to add to the territory of another county, be liable for any 
of the costs or expenses incurred in cutting the same, or in the formation 
thereof. The Auditor of the newly created county, after such county has 
been organised and its officers elected, shall levy a tax upon all the taxable 
property in bis county sufficient to cover the costs and expenses of its crea- 
tion. 

Civ. '12, § 035; 1911, XXVII, 155. 

Bank of McCormick f. McCormick County et al. 114 S. C. 469; 103 S. E. 787. 



CIVIL CODE OF SOUTH CAROLINA 291 

(719) § 54. Governor's Duty When Petition for New County Is Filed to 
Refer to Commission. — Whenever petition is presented to and filed with 
the Governor for the creation of any new county, he shall, before ordering 
any election thereon, refer the petition back to a Commission which he shall 
appoint, as provided in Section 56 hereof, for investigation by the said 
Commission as to whether the requirements of the Constitution as to area, 
distance, wealth, population, etc., have been complied with. 

Civ. '12, § G36; 1905, XXIV, 915, § 1. 

This and the following three sections considered in Lamar v. Croft, 73 S. C. 407. 53 S. E. 
540: State ex rel. Reese o. Ansel, Governor, 78 S. C. 331, 58 S. E. 993; Brown v. Ansel, Gov- 
ernor, 82 S. C. 141, 63 S. E. 449. 

(720) § 55. HI Shaped Counties Not to Be Established. — That liere- 
after the General Assembly of this State .shall not establish any new county, 
the greatest length of which shall be more than four times as long as the 
least central width thereof, or which will leave the county or counties from 
which the territory is taken of a length more than four times as long as the 
least central width thereof: Provided, further, The Governor shall not 
order an election in such area described. 

Central Width Defined. — That the term "central width" shall be con- 
strued to mean any width of such proposed new county not entirely within 
eight miles of the ends thereof. 
1912, XXVII, 841. 

Massey et al v. Glenn et al, 106 S. C. 53, 90 S. E. 321. 

(721) § 56. Commission on Petition for New Counties. — The said Com- 
mission shall consist of one person of discretion from each of the old coun- 
ties, who is opposed to the new county, if there be any opposition, and an 
equal number of citizens who favor the formation of the new county, to be 
taken from within the territory of the proposed new county. The represen- 
tation of the proposed new county, and the old county or counties from 
which the new county is proposed to be formed, must be equal in numbej 
on this Commission. 

Civ. '12, § (337; 1905, XXIV, 915, § 2. 

(722) § 57. Duty of Commissioners.* — Upon receiving such petition and 
any annexed exhibits, the said Commission shall appoint and contract with 
two competent surveyors, who shall not be residents of any county to be cut 
by the line of the proposed new countj', and these two surveyors shall name 
and call in a third similarly qualified to settle any points of difference 
between them, that these shall ascertain and settle all necessary questions 
as to area, both of the proposed new county and of the old counties, after 
being diminished by the new, and as to the distances of the lines of the pro- 
posed new county from any existing court house ; they shall also make sur- 
vey of the proposed new lines and plainly mark the same, so as to clearly 
define the population and wealth taken and left, and so as to guide as to 
who can vote by reason of residence, if the election be finally ordered, and 
they shall make full return and report of their finding, with plots of their 
work, to the said Commission, who shall annex the same to the petition; 
these surveyors shall be paid by warrant of the said Commission on the 
Treasurer of each old county involved for the pro rata of the survey made 



292 CIVIL CODE OF SOUTH CAROLINA 

within the territory of each, and to this end the surveyors shall render an 
itemized bill of their work for each county to be cut by the new lines. 
Civ. '12, § 638; 1904, XXIV, 915, § 3. 

(723) §58. Commission to Investigate Facts. — The said Commission, after 
the return by the surveyors has been filed with them, shall thoroughly inves- 
tigate as to population and wealth proposed to be taken and left by the new 
county, and to that end shall have power to send for persons, papers and 
books giving statistics, and shall have the authority to administer oaths 
and take testimony, and to employ a stenographer, if deemed by them neces- 
sary; that they shall make full report to the Governor, by their finding as 
to the wealth and population embraced within the limits of the proposed 
new county, and as to the wealth and population to be left in each old 
county to be cut by the new, and shall annex their report with proper 
exhibits and with any evidence on which same is based to the petition, and 
forthwith upon the completion of their investigation and report, return the 
petition and such finding and showing as hereinbefore provided for, to the 
Governor for his information. 

Civ. '12, § 039; 1905, XXIV, 915, § 4. 

(724) § 59. Election for New County— How Ordered. — Within twenty 
days after receipt of the report of the Commission the Governor shall order 
an election in the territory proposed to be cut off for the new county, to be 
held within sixty days from the date of the order. At such election the 
electors shall vote "yes" or "no" upon the question of creating, and upon 
the name and county seat of such proposed new county. 

Civ. '12, § 640; Civ. '02, § 575; 1896, XXII, 64, § 2. 
Robinson et al v. McCown et al, 104 S. C. 385; 88 S. E 807. 

(725) § 60. Election for New County — How Conducted. — For the pur- 
poses of such election the Commissioners of Election for each old county 
proposed to be cut shall appoint three Managers for each voting place in the 
area of the old county proposed to be cut off, not more than two of whom 
shall be in favor of the proposed new county or against it, and shall deliver 
to them the books of registration for those voting places, which the regis- 
tration officers shall turn over to the Commissioners on demand. Such 
election shall be conducted in the same manner as general elections in this 
State, and all persons entitled to vote under the Constitution and laws of 
this State at general elections shall be entitled to vote at such election. 

Civ. '12, § 641; Civ. '02, § 576; 1896, XXII, 64, § 3. 

As to polling precincts. State ex rel. Parler v. State Board of Canvassers, 79 S. C. 414, 60 
S. E. 967. 

As to protection of right of electors residing in territory proposed to be cut from old into new 
County, whose polling precincts are without proposed new County, see State v. State Board of 
Canvassers, 79 S. C. 414, 418, 60 S. B. 967. 

Conduct of elections. Parler v. Fogle, 78 S. C. 570, 574, 59 S. E. 707. 

(726) § 61. Duties of Commissioners of Election for New County to- 
Canvass Retiu'ns, Etc. — The Commissioners of Election for each old county 
proposed to be cut shall canvass the returns of the Managers of each pre- 
cinct in their county at which such election has been held, as such returns 
in general elections in tliis State are canvassed, and shall certify the result 
thereof in tabulated statement of the vote at each precinct to the Secretary 
of State, who shall transmit a tabulated statement of the vote at each pre- 



CIVIL CODE OF SOUTH CAROLIiYA 293 

cinct of an old county proposed to be cut off to both branches of the General 
Assembly at its next session. The said Commissioners of Election, respec- 
tively, shall have the power, and it is hereby made their duty as judicial 
officers, to decide all eases under protest or contest that may arise, subject 
to appeal to the Board of State Canvassers. The decision of said Commis- 
sioners of Election shall be final and conclusive evidence of the result of the 
election, unless appealed from within five days, in which case a decision of 
the Board of State Canvassers shall be final and conclusive evidence of the 
election on all questions of fact. 

Civ. '12, § 642; Civ. '02, § 577; 1899, XXIII, 77. 

Under §§ (725) and (726) the result of the election must be determined by the same methods as 
in general elections. Segars v. Parrott, 54 S. C. 1, 31 S. E. 677. 

Decisions of State Board of Canvassers. Parler r. State Board of Canvassers, 79 S. C. 414, 
60 S. E. 967. 

Action of Commissioners of Election having power to declare result of election on formation of 
new Countv is binding on Legislature as well as others. Fraser v. James, 65 S. C. 78, 85, 
43 S E. 292. 

Decision of State Board of Canvassers, on appeal, is not conclusive on question of law. Par- 
let r. Fogle, 78 S. C. 570, 576, 59 S. E. 707. 

(727) § 62. Duty of General Assembly to Create New County. — The 

General Assembly at its next session shall create new county if two-thirds 
of the qualified electors voting at such election shall vote in favor of the 
establishment of such new county, and if all the constitutional require- 
ments for the formation of new counties have been complied with, of all of 
which such General Assembly must judge. 

Civ. '12, § 643; Civ. '02, § 578; 1899, XXIII, 77. 

See Segars v. Parrott, supra. Dispensarv law in force in old Countv continues in force in 
territory taken into new county. Amerker v. Taylor, 81 S. C. 163, 62 S. E. 7. 

(728) § 63. Election for New Counties — Time Between Elections. — No 

election shall be ordered for the creation or establishment of any new 
county which shall embrace one-half or more of the area of any proposed 
new county in which an election for its creation was defeated within four 
years preceding the date of the filing of the petition for such new county. 

Civ. '12, § 644; 1908, XXV, 1080. 

(729) § 64. How Court House May Be Moved. — Whenever the citizens 
of any county desire to move the court house thej' shall file a petition to 
that effect stating the point to which the court house is proposed to be 
removed, signed by one-third of the qualified electors of such county, with 
the Governor, who shall within twenty days after the filing order an election 
in said county to be held within sixty days, at which election the electors 
shall vote for or against removal. The Commissioners of Election for such 
county shall appoint Managers of each precinct in the county and furnish 
them with the necessary boxes and registration books, which the officers of 
registration are hereby authorized to furnish the Commissioners. Such 
election shall be conducted as general elections in this State, and all electors 
qualified to A'ote at general elections shall be entitled to vote thereat. The 
Commissioners of Election of such county shall receive the returns of the 
Managers and tabulate the vote and declare the result. If two-thirds of the 
qualified voters voting in such election vote in favor of such removal, the 
County Board of Commissioners shall take the necessary steps to remove 
the court house and public records of such county to the place designated : 
Provided, That in the location of anv court house by removal within this 



294 CIVIL CODE OF SOUTH CAROLINA 

State it shall be unlawful to locate said court house within eight miles of 
any county line, all laws to the contrary notwithstanding. 
Civ. '12, § 645; Civ. '02, § 579; 1899, XXIII, 77; 1919, XXXI, 40. 

(730) § 65. How County Lines May Be Changed — Proviso as to Voting 

Places.— Whenever the citizens of any section of one county desire to be 
incorporated within the limits of an adjoining county, they shall file a 
petition to the Governor to that effect, stating the area proposed to be cut 
off, from what county, and to what county added, and the two counties as 
proposed to be changed would still meet all the constitutional requirements, 
signed by one-third of the qualified electors residing in the area sought to 
be cut off. Upon the filing of said petition the same procedure shall be had 
as in the formation of new counties as provided in Sections 52, 54, 56, 57, 
58, 59, 60, 61 and 62 of this Chapter: Provided, When there is no estab- 
lished polling place or voting places in the area proposed to be cut off, 
whether for a new county or for annexation to ad.joining county, the peti- 
tioners shall name a voting place or places in their petition, and in .such case 
the Governor shall in his order of election designate the place or places 
named in the petition as the voting place or places and Managers of Elec- 
tion shall be appointed therefor, and all electors otherwise qualified shall be 
allowed to vote at such voting place named in said order as is most con- 
venient as legalty as if their registration certificates called for that place by 
name. 

Civ. '12, § 646; Civ. '02, § 580; 1899, XXIII, 77; 1920, XXXI, 729. 

order an election refused. Brown r. Ansel. Governor, 82 



(731) § 66. Commission to Be Appointed by Governor for Annexations. 

— Whenever a petition according to law has been presented to the Governor 
for changing the boundary line or lines between two counties, whereby a 
portion of the territory of one county would be annexed to another, the 
Governor shall within thirty days thereafter appoint a commission of four 
discreet persons, two from the territory proposed to be annexed and two 
from the territory of the county or counties affected, two of whom, if such 
are to be found, shall be opponents and two advocates of the proposed 
change of line. 
1911, XXVII, 43. 

Such Commission shall have authoritj' to contract for the survey and 
location of the proposed change of line and for such purpose to employ three 
competent disinterested surveyors, nonresidents of the counties affected, 
two to be selected bj^ the Commission, and the third by these two, and said 
surve3'ors shall clearly mark such line upon the land with due regard to all 
legal provisions and limitations, and ce